THE SWISS CONFEDERATION A BRIEF GUIDE 2015 Cover For years, the Federal Palace has adorned the cover of this brochure. Now we would like to take a somewhat different look at Switzerland. For example, at the strikingly beautiful Tschingelsee in the Berner Oberland, one of the country’s 283 protected wetland areas. Wetlands are protected in Switzerland as the result of a decision by par- liament. Politics is not abstract: it deals with issues which affect us directly in all kinds of areas. Dear Reader

In October a new parliament will be elected: elections to the National Council will be held and the majority of cantons will also select their members to the Council of States. In many coun­ tries, parliamentary elections present the only opportunity for the citizens to have a say in politics. Things are very different here. Swit­ zerland is the world champion in holding referendums. Over 30 per cent of all referendums held globally since the 18th century have been held in Switzerland.

In no other country in the world is politics so intensively debat­ed as it is here. Three to four times a year we vote on issues that have a direct impact on our lives; issues such as health policy, education,­ Switzerland’s relations with other countries or the future of energy. Nothing is taboo. We have even voted on abolishing the armed forces and whether or not Switzerland needs new fighter jets.

The Swiss political system does not give us an easy ride – it is in­ tensive, demanding and requires endurance. Compromise is always necessary. All the regions, cultures, majorities and minori­ties should be able to identify with political decisions. Involving everyone in this way is challenging and takes time. But it is also what brings politics to life and usually enables us to get the best outcome.

The issues involved are often complicated and require explana­ tion. This is where this brief guide to the Swiss Confederation can help. It explains the workings of the state, the parliamentary system, the government and the administration. We update the text and images in the brochure each year, and so depict a fascinat­ing model of democracy.

I hope you enjoy reading this brochure!

Federal Chancellor Corina Casanova

1 Contents

Interview / Facts about Switzerland 4 Swiss democracy 12

Interview with President Switzerland’s federal structure 14 Simonetta Sommaruga 4 Direct democracy Population 8 at federal level 16

Finances 9 The four strongest political parties… 18

Milestones in Switzerland’s history 10 …as well as the seven other political parties in parliament 20

www.admin.ch there is a wealth of information about current federal policy, the Federal Council and Federal Administration. www.ch.ch provides a full range of information and services from the Confederation, cantons and communes.

2 Parliament 22 The Government 38 The Courts 74

National Council and Council of States 24 The Federal Council 40 The Federal Supreme Court and the Federal Courts of first instance 76 Majority system and proportional Organisation of the Federal representation 25 Administration 42

How parliament is organised 26 Federal Chancellery FCh 44

The large and small chambers 28 Federal Department of Foreign Affairs FDFA 46 Parliamentary mechanisms 30 Federal Department Semi-professional parliament 31 of Home Affairs FDHA 50

Who goes in and out of Federal Department the Federal Palace 32 of Justice and Police FDJP 54

Parliamentary Services 33 Federal Department of Defence, Civil Protection and Sport DDPS 58 How new laws come about 34 Federal Department of Finance FDF 62 The origins of the Federal Palace 36 Federal Department of Economic Affairs, Education and Research EAER 66

Federal Department of the Environment, Transport, Energy and Communications DETEC 70

3 INTERVIEW WITH PRESIDENT SIMONETTA SOMMARUGA

President Simonetta Sommaruga in discussion with eight young people:

Nina Ackermann, 1995, high school student from Lenzburg (AG) Sandra Siegenthaler, 1993, commercial employee / student from Herzogenbuchsee (BE) Joshua Auf der Maur, 1996, high school student from Wallbach (AG) Andri Silberschmidt, 1994, bank employee / student from Ottikon (ZH) Arianna Lanfranchi, 1997, high school student from Haldenstein (GR) Fiona Stiefel, 1989, primary school teacher from Dietikon (ZH) Simon Lengacher, 1993, student from Chur (GR) Barbara Vock, 1990, commercial employee / student from Bözen (AG)

Barbara Vock: As a communal councillor I’m curious to understand how information flows in the Federal Council. With so many items of business to deal with at any one Fiona Stiefel: Madam President, why did cabinet meeting, are decisions ever taken Arianna Lanfranchi: As well as holding the you decide to go into politics? without actually knowing the full details? office of president this year, you also have At high school I was always an avid newspa­ No, because thanks to our clever system the difficult task in your role as justice per reader. I used to go straight to the we have time to prepare our positions on minister of implementing the mass politics section; the sports pages didn’t any controversial items. We receive the immigration initiative. How do you manage really interest me. Nowadays I’m also in­ agenda for the Federal Council meeting al­ to do this when the initiative is contrary to terested in the sports results, especially if most a week in advance. That way we can your own views? Federer and Wawrinka have won (they all see before the meeting what objections Both the Federal Council and parliament laugh). What really got me actively involved have been raised to the various proposals, recommended that the initiative be reject­ as a young woman was my voluntary and form an opinion. But all of us in the ed. But ultimately it is the voters’ say that work at a women’s refuge. I worked the Federal Council are open to persuasion if counts. The Federal Council’s task now is to night shift there for almost five years and sound arguments are presented. We are prepare a draft law for parliament, which saw women and children going through frequently able to win over a majority for implements the will of the people, and at extremely difficult situations. I realised that our own proposals. The discussions can the same time negotiate with the EU. We those situations were also a societal prob­ sometimes be forthright, but always remain know that it is not an easy task. We mustn’t lem. So my drive for going into politics came businesslike. The process of wres­tling for a forget that good relations with our neigh­ from a desire for justice and to make things solution is all-important and takes place ac­ bours, and with the EU as a whole, are extre­ happen. ross party lines. mely important.

4 Political culture means that a majority respects the minority.

Andri Silberschmidt: The public voted in favour of the mass immigration initiative despite the fact that the Federal Council in which the public can play a direct part, and the business community warned have its say on specific issues four times a against doing so. That would seem to show year and vote in elections every four years. a lack of trust in politics and business. That requires a certain proximity between What do you see as the cause? between voters and their political represen­ You raise an important point. As far as tatives. The fact that the public vote someti­ Sandra Siegenthaler: I’ve been able to vote business is concerned, the excesses of re­ mes goes against what the Federal Council for three years now. Sometimes though I cent years – in the form of exorbitant sal­ would like to see is nothing new. We have to just don’t know what the right decision is aries and bonus payments, for example be careful not to conjure up a divide where because I’m not familiar enough with the – alienated people. In terms of politics, I none exists. subject. I read the explanatory pamphlet, think it’s slightly different. I do occasion­ but it’s still difficult to decide what’s best. ally hear comments about the people in Barbara Vock: After our council meetings Our system is very demanding. You need Bern being far removed from people’s ev­e­­- we often go for a drink. It’s important for to get to grips with the subject matter. I’m ryday concerns. But I don’t think that’s a team building. What does the Federal glad to hear that you read the pamphlet. A true reflection of our direct democracy. In Council do? further source of help could be the parties. Bern the public get to see members of the We usually have lunch together. There we You might not necessarily be a member, government walking around town. In the address each other by our first names. Dur­ but maybe you have certain sympathies. run up to popular votes the Federal Coun­ ing the meetings though we address each The media also play a key role in opinion­ - cil travels around the country dropping into other more formally to underline the fact forming. That’s why a free and varied media village pubs to give talks, answer questions that we are acting, and occasionally ar­ is so important. Voters are better able to and pose for selfies (they all laugh). What guing, in our respective roles and not on a form their own opinion if differing views are I mean by that is that we live in a system personal level. represented and discussed.

5 We live in a system in which the public can play a direct part.

Nina Ackermann: Madam President, how do Simon Lengacher: My problem is usually you cope with all the dossiers that land on that there’s too much information. It can your desk each day? I can’t imagine how leave you overwhelmed. What can the you manage to keep track of everything, and Federal Council do to make sure that the how you can tell what’s important and voting proposals aren’t overly complex? what’s not. That’s a good question, but the answer is Simon Lengacher: What do you mean by My department handles around 12 000 equally complex (they all laugh). That com­ that? items of business each year, so I do indeed plexity is in part a reflection of our everyday Political culture means that a majority re­ have to set priorities. Some work is gener­­ lives. Take the deportation initiativ­ e, for spects the minority. We have a tradition in ated by popular votes, and some comes from example. The initiative contains provisions Switzerland of having consideration for one parliament. In such cases there are clearly which directly contravene the European another and not simply saying: I won, I don’t defined procedures and deadlines. Then Convention on Human Rights. That’s an ag­ care about anything else. That means that there are other things that I can decide mys­ reement that Switzerland has signed along all sides have to be willing to compromise. elf. When I was elected federal councillor with many other states. The Federal Consti­ Members of parliament have to reach out to four years ago, I received numerous letters tution states that we must respect human one another, even if it’s difficult. The same is from ‘contract children’. They asked me to fi­ rights, yet at the same time, since the de­ also true for the Federal Council. When I tell nally recognise the wrong that was done to portation initiative was adopted, we have my foreign colleagues that our government many of them. At a commemoration event had a constitutional article in place which is a coalition of five different political par­ I apologised on behalf of the government. conflicts with that. It is complex, and there’s ties, they shake their heads in amazement We set up a round table for discussions and no getting around that. The question is how (all laugh) and ask how we cope. To which I a fund for immediate assistance. Never­ we deal with it. I believe political culture is reply, that’s our political culture. That’s how theless, much remains to be done to tru­ an important aspect in that regard. we are able to resolve even complex prob­ ly come to terms with this dark chapter in lems. Switzerland’s history.

6 The office I hold requires not only an understanding of the law, but also the ability to put oneself in the others’ situation and understand their needs.

Joshua Auf der Maur: You’re a trained pianist. How does your artistic side cope with the strict rules that have to be respected in the Federal Council? Artistic work also follows strict rules (they Left to right: Fiona Stiefel, Simon Lengacher, Nina Ackermann, Barbara Vock, Sandra Siegenthaler, President all laugh). Yes, when I was elected, people Simonetta Sommaruga, Joshua Auf der Maur, Arianna Lanfranchi, Andri Silberschmidt said, ‘a pianist as justice minister – how is that going to turn out?’ But what is my job essentially? It is ultimately about formula­ ting common rules, which apply to us all, which ensure justice and which protect the weakest in our society. The focus is on peo­ ple. When do we lock someone up? Under what conditions can someone seek protec­ tion in our country? To what extent does the state encroach on an individual’s privacy? Answering all these questions not only re­ quires an understanding of the law, but also the ability to put oneself in the others’ situ­ ation. To do that you have to have pleasure in working for and with people – and that I have in abundance!

Conversation recording: Patrik Müller and Christof Moser (Schweiz am Sonntag). The interview also appears in an edition of Schweiz am Sonntag.

7 Population Finances MILESTONES IN SWITZERLAND’S HISTORY From an alliance of states to a federal state

Switzerland’s borders were largely determined at the Congress of Vienna in 1815. The country’s political system was defined in the Federal Constitution of 1848. The core of the Old Confederation was composed of thirteen cantons, which are still represented by the stars embossed around the edge of the five franc coin. It was during the years rife with wars and crises between 1798 and 1848 that the alliance of states evolved into a federal state. Since then, the powers of the federal government, political rights and political diversity have increased significantly.

1291 Federal Charter: the prelude 1798 – 1803 Helvetic Republic: Confederation’s authority to the cantons, At the beginning of August 1291, Uri, a central­ised state with dependent cantons while the Confederation remained respon­ Schwyz and Unterwalden entered into a A French army conquered Switzerland in sible for security policy. charter confirmed in 1315, to keep the 1798. The occupying French forces im­pose peace. In the course of the following centu­ a unitary constitution on the Helvetic Re­ 1815 Congress of Vienna: ries, the Confederation continued to grow. public, which was based in theory on the defining the borders At the same time, it conquered or acquired principles of equality before the law, so­ Switzerland’s neutrality and the inviolability subject territories. By 1513, the Confedera­ vereignty of the people and separation of its territory were internationally recognis­ tion had expanded to include the original of powers, but in fact on armed force. As ed in 1815. Most of the currently valid natio­ thirteen cantons. a satellite state of France, the Helvetic nal and cantonal borders were defined (with Republic was forced to abandon its neutral­ the exception of the Jura, created in 1979, 1525 Reformation: denominational split ity. Switzerland became a theatre of war. and the Laufental). When the Reformation spread, first to Zu­ rich in 1523, then to other areas and fi­ 1803 Act of Mediation: 1847– 48 Sonderbund War: nally to Geneva in 1536, the country be­ cantons become states again civil war over federal reform came divided along religious lines. Catholic On the basis of the Act of Mediation, After 1822 some cantons became increas­ and Protestant areas increasingly grew Napoleon restored the thirteen cantons ingly liberal and radical, and they disagreed apart and went to war against each other and created six new cantons in the sense of with the cantons of Lucerne, Uri, Schwyz, four times up until 1712. states. The Confederation then had 19 can­ Unterwalden, Zug, Fribourg and Valais that tons, each with its own constitution and a resisted reform as to how the Confederation 1648 Peace of Westphalia: beginning of common federal constitution. should be shaped. The creation of a special sovereignty under international law alliance among the seven conservative Ca­ At the end of the Thirty Years’ War 1815 Federal Treaty: tholic cantons led to war in 1847. (1618 – 48) under the Peace of West­pha­ more powers for the cantons lia, European­ countries recognised the After Napoleon was defeated by a coaliti­ Confederation’s independence from the on of European powers, the Confederation Holy Roman Empire and its neutrality. re-established its alliance with the Valais, Neuchatel and Geneva. The Confedera­ tion then comprised 22 cantons. The Fed­ eral Treaty of 1815 devolved some of the

1 2 3

10 1848 Federal Constitution: (today’s Swiss People’s Party, SVP) in participate in elections at national level in a federal state with democratic rights 1917/1918. 1971. In a number of communes and can­ The modern federal state was founded with tons, men and women already enjoyed the adoption of the Federal Constitution­ by 1914 – 18 World War I, the Russian Revolu­ equal political rights before this date. the people. It provided most citizens (men) tion: fertile ground for socialist ideas with various rights and freedoms, such as During the First World War, the situation 1999 Total revision of the Federal Consti­ voting and election rights, freedom of the deteriorated for wide swathes of the popu­ tution press and freedom of religion. The bicame­ lation. Poverty and unemployment along The totally revised Federal Constitution em­ ral system, based on the American model, with the spread of socialist ideas after the phasised partnership cooperation between was introduced at fed­eral level with the Na­ Russian Revolution led to a nationwide gen­ the Confederation and the cantons, gave tional Council and Council of States, which eral strike in 1918. The National Council was precedence to federal law over conflicting elected the Fed­eral Council. Some areas elected by proportional representation for cantonal law and also gave the communes were centralised. Switzerland started to be­ the first time in 1919, facilitating further a bigger say. come a unified judicial and economic area. steps towards consensus democ­­racy (see pages 40 and 41). 2000 Popular decision on the agreements 1874 Total revision of the Federal Constitu- with the EU tion: expansion of democratic rights 1939 – 45 World War II: The Swiss electorate voted in favour of the The Federal Constitution was revised more power for the Federal Council bilateral agreements between Switzerland in 1874, broadening the federal govern­ Switzerland did not become involved mil­ and the European Union (EU) with a major­ity ment’s areas of responsibility and expand­ itarily in the Second World War and was one of 67%. The agreements entered into force in ing democratic rights. It provided Swiss of the few functioning democracies on the 2002/2004. They created mutual market ac­ citizens with two additional instruments continent. Parliament granted the Federal cess and provided the basis for cooperation to influence policy at federal level: the Council powers that normally fell within the in the areas of research, security, asylum, en­ refer­endum was introduced in 1874, and jurisdiction of parliament, and elected the vironment and culture. the popular initiative in 1891. In 1891 a first Social Democrat to the Federal­ Council. representative of the Catholic-Conserva­ 2002 Yes to UN membership tives (today the Christian Democratic 1959 Federal Council composed of four In 2002 the people and the cantons ap­ People’s Party, CVP), Josef Zemp, was elec­ parties proved Switzerland’s accession to the Unit­ ted to the Federal Council for the first time. After the Federal Council elections in 1959, ed Nations (UN). Since then Switzerland has This represented a first step towards con­ the Federal Council was composed of re­ been actively involved in the United Nations sensus democracy. presentatives of the four strongest parties: as a full member. 2 FDP, 2 CVP, 2 SP, 1 SVP. This constellation End of the 19th century: (‘magic formula’) remained unchanged until establishment of political parties 2003. The various political movements orga­ nised themselves as parties. The Soci­ 1971 Introduction of women’s suffrage al Democratic Party (SP) was founded in Women obtained the right to vote and to 1888, the Radical Free Democratic Party (FDP) in 1894, the Catholic-Conservative People’s Party (today’s Christian Demo­ cratic People’s Party, CVP) in 1912 and the Farm­ers’, Trades’ and Citizens’ Party

From state emblem to logo In 1815 the Swiss cross, as the emblem of the state, became the symbol of the solidarity of the cantons (1). From 1840, the flags of the federal troops featured a white cross on a red background with gold letters for each canton (2). The Swiss cross has been used as the national emblem since the federal decree of 1889 (3). Today, the Swiss cross is often used as a symbol of high quality, e. g. for Switzerland Tourism (4). Since 2007, it has been part of the logo of the Federal Administra-­ 4 5 tion (5).

11 CODETERMINATION STARTS YOUNG Swiss democracy

12 At a secondary school in Brugg, in the canton of Aargau, decisions are taken neighbourhood associations, at communal assemblies or in communal, democratically. The school council, made up of representatives from all cantonal and national votes, the majority decides the rules by which society classes, is in the process of voting on whether to submit a request to the head lives together. Decisions that have been taken democratically have to be teacher for mobile phones to be allowed in school. The young representatives accepted, regardless of whether you agree with them or not. The children at meet every two weeks to debate aspects of school life that they are allowed to this school are learning these values in a light-hearted manner, precisely have a say in. This continual participation at all levels on the part of the because democracy is anything but child’s play. population is one of the cornerstones of Swiss democracy. Whether in

13 SWITZERLAND’S FEDERAL STRUCTURE 2324 plus 26 equals 1

Switzerland is a federal state: state power is divided between the federal government, cantons and communes. The cantons and communes have wide-ranging powers and their own sources of income. The cantons are always involved in decisions that affect the whole of Switzerland. Federalism unites diversity in one entity. In Switzerland, with its four linguistic cultures and huge geographical differences, it is the prerequisite for living side-by-side.

2324 communes 26 cantons

Communes are the smallest political units in Switzerland. There are The next largest political unit is the states, which are known as can­ currently 2324 communes, but their number is in decline as smaller tons. They are the states that originally united in 1848 to form the communes are tending to merge together in order to carry out their Confederation, each relinquishing part of their sovereignty to the tasks more efficiently. Confederation. Jura is an exception. It is the only canton that was Roughly one fifth of the communes have their own parliament, es­ created in the 20th century, when in 1979 it separated from the can­ pecially the communes that are towns or cities. Four fifths of the ton of Bern. communes, however, still make direct democratic decisions at the Under the Federal Constitution, all cantons have equal rights, and communal assembly, where all inhabitants who are entitled to vote in comparison with the situation in other countries, they have a may participate. In other words, the People are not represent­ed by high degree of independence. Health care, education and culture councillors, but make decisions themselves and elect the executive. are among the policy areas where they enjoy a large degree of In addition to the tasks that are allocated to them by the Confed­ latitude. eration and their canton, such as managing the registry of residents Each canton has its own constitution, and its own parliament, or organising civil defence, the communes also have their own res­ government and courts. ponsibilities, including those relating to schools, social services, ener­ The size of the parliament varies between 50 and 180 members, who gy supplies, road construction, local planning, taxes, etc. The commu­ are all elected by the People, in most cantons in a system of propor­ nes regulate these matters to a large extent independently. tional representation. The communes’ level of autonomy is determined by the individual The cantonal governments are also all elected by the People, in most cantons, and can therefore vary considerably from place to place. cases in a majority system. Direct democracy in the form of a People’s Assembly still exists only in Appenzell Innerrhoden and Glarus. In all the other cantons, the People vote by post or at the ballot box.

14 The separation of powers In order to prevent the concentra­ tion of and misuse of power, state power in Switzerland is shared be­ tween three independent entities: the legislature (which makes laws), the executive (which carries them out) and the judiciary (which admin­ isters justice). This means that no- one may belong to more than one of the three federal authorities (parlia- ment, government and the Supreme Who elects who? Court) at the same time.

In Switzerland, the People are the supreme political authority Under the Federal Constitution, the People are the supreme political authority. The People comprises all adult men and women who hold Swiss citizenship, some 5.2 million citizens, and corresponds to almost two thirds of the resident population. People under the age of 18 and for- eign nationals have no political rights at federal level.

The People elect … … the members of parliament: the legislature The Swiss parliament, which is the legislative branch of the state, has two chambers: The Na- tional Council represents the Swiss population as a whole, and the Council of States represents 1 Confederation the 26 cantons; together, they constitute the United Federal Assembly. > pages 22 – 37 The Confederation is the name given to the Swiss state. CH is the abbreviation of Switzerland’s official Latin name ‘Confoederatio Hel­ Parliament elects … vetica’. Confoederatio means ‘confederation’ and Helvetica refers to … the government: the executive the Helvetii, an ancient Celtic people who settled in the region of The Swiss government comprises the seven present-day Switzerland roughly 2000 years ago. members of the Federal Council as well as the Switzerland has evolved over the course of more than seven hun­ Federal Chancellor, who are each elected by the dred years from the alliance of the original three cantons, Uri, United Federal Assembly for a four-year term of Schwyz and Unterwalden, to today’s federal state that unites the va­ office. > pages 38 – 73 rious interests of the individual cantons with the collective interests of the country. … the Supreme Court: the judiciary The Confederation has responsibilities in those areas where it is The supreme judicial authorities are the Federal granted powers by the Constitution – for example in foreign and se­ Supreme Court in Lausanne and in Lucerne, to- curity policy, in customs and financial matters, in enacting legislati­ gether with its three courts of first instance: the on that applies throughout the country, and in defence. Federal Criminal Court in Bellinzona, the Federal Tasks that are not expressly designated federal matters are the res­ Administrative Court and the Federal Patent ponsibility of the next lower political unit, i.e. the cantons. Court, both in St. Gallen. > pages 74 – 79

... the Attorney General The Office of the Attorney General (OAG) is re­ sponsible for investigating and prosecuting criminal offences that are directed against or sub­stantially affect the interests of the Swiss Confederation. Examples of offences which come under federal jurisdiction are espionage, crimes involving explosives or radioactive mate- rial and abuse of office by federal employees.

15 DIRECT DEMOCRACY AT FEDERAL LEVEL One People, many rights

Switzerland is virtually the only country in the world where the electorate has such extensive decision-making powers. The longstanding democratic tradition, but also the comparatively small size of the population and the country, as well as a high literacy rate and broad range of media services are crucial to the proper functioning of this particular system of government. Swiss nationals have the following political rights at federal level:

Elections Voting or accumulating votes, vote-splitting and deleting names or if you feel strongly about something

Every four years, the People elect the 200 members of the Nation­al Those who are entitled to take part in parliamentary elections may Council. All Swiss citizens over the age of 18 may take part in elec- also cast their vote in popular ballots, i. e. all Swiss citizens who have tions, both actively and passively. In other words, they may cast their turned 18 and are not incapacitated on grounds of mental illness or votes and stand for election themselves. Federal civil servants are re- debility. quired to choose between their profession and elect­ed office should Eligible voters are generally called on four times a year to vote on fe- they be elected. deral proposals. On average these votes involve three to four propo- In the cantons with more than one seat in the National Council, eli- sals that may be adopted or rejected; although in exception­al cases, gible voters have a number of options to nominate their favour­ite there may be more than twice that many. Votes are held on people’s candidates: initiatives and referendums: They may indicate the names of their preferred candidates in a blank The mandatory referendum applies to all amendments to the list. Constitution and proposals They may use a preprinted list of candidates provided by a specific for membership of specific party, with or without making any changes to the list. international organisations. The lists may be modified in three different ways, which may be This means that a popular vote combined: must be held. The acceptance Firstly, names can be deleted from the list. Secondly, votes can be of such proposals needs what split, which means that votes are cast for members of different par- is known as the double majority – the proposal must be accepted ties; in other words, a voter can take a name from one list and enter firstly by the popular majority, i. e. the majority of the valid votes it on another list. cast in the whole country, and secondly by the cantonal majority, Thirdly, candidates may be accumulated, in other words, they can be i. e. voters must accept the proposal in a majority of the cantons. entered twice on a list. Parties themselves may also list candidates New laws and amendments to existing laws and similar parliamenta- twice (but no more than twice), thus accumulating votes in advance ry decisions, along with certain international treaties, are only put to to enhance their election prospects. the vote if required by an optional referendum. A popular majority The elections to the Council of States are not regulated at feder­al is sufficient for such a proposal to be accepted. level, but all the cantons have settled for popular elections, so that all 246 federal members of parliament are elected directly by Swiss citizens.

16 Petition Everyone is entitled to address written requests, suggestions and complaints to the authorities – not just those eligible to vote. The authorities in turn are required to take due note of such petitions, and although there is no law to say a response must be given, in prac­ tice every petition is considered and does receive a reply. The petition may relate to any activity of the state.

Popular initiatives Referendums or making law the Swiss way or voicing disagreement

Citizens may request that the People decide on an amendment they The People are entitled to have their say on parliamentary decisions. want to make to the Constitution. At federal level, unlike at cantonal Federal legislation, decisions of parliament and certain interna­ level, it is impossible to request a new law or an amendment to the tional treaties are subject to an optional referendum: in this case, law. a popular ballot is held if 50 000 citizens so request. The signatu- For such an initiative to come about, the signatures of 100 000 res must be collected within 100 days of publication of the new voters who support the proposal must be collected within legislation. The referendum is similar to a veto and has the effect 18 months. of delaying and safe-guarding the A popular initiative may be for- political process by blocking amend- mulated as a general proposal or – ments adopt­ed by parliament or the much more often – be presented as government or delaying their effect a precisely formulated text whose – the referendum is therefore often wording­ can no longer be altered by described as a brake applied by the parliament or the government. People. The authorities sometimes respond to an initiative with a direct Referendums also contribute to political agreement because they counter-proposal (generally less far-reaching) in the hope that a prompt parliament to include as many interested parties as pos- majority of the People and cantons will support that instead. Since sible in the debate on new laws or legislative amendments and 1987, the possibility of a double ‘yes’ vote has existed in ballots on thereby allow a compromise to be reached that is supported by popular initiatives: voters may approve both the initiative and the a majority, and which is unlikely to fall victim to an optional ref­ counter-proposal. A deciding question determines which of the erendum later on. two texts will enter into force if both secure a popular majority and a majority of the cantons. Popular initiatives do not originate from parliament or government, but from the People. They are regarded as the driving force behind direct democracy.

17 WHAT POLITICAL INTERESTS ARE REPRESENTED BY WHOM The four strongest political parties ...

Political parties are groupings of like-minded people that have their own particular views on political, social and economic issues, etc. They act as a link between the public and state institutions and are essential in a functioning democracy. The party landscape in Switzerland is as varied as the country itself. All eleven parties give a brief portrait of themselves on the following pages.

SVP Swiss People’s Party Party President: 90 000 members www.svp.ch Toni Brunner (member of the National Council) Founded in 1917 The Swiss People’s Party emerged in 1971 from the Far­ migration. This must now be implemented. Swiss workers should no mers’, Trades’ and Citizens’ Party. It is the largest party in Switzer­ longer be pushed aside and the burden on our social system should land with a 26.6 % share of the vote and represents 648 675 not be any greater. In addition, crime by foreigners and abuse of the voters. asylum system are now commonplace. The SVP calls for improved The SVP is committed to an independent and neutral Switzerland public safety through the deportation of convicted foreign nationals and is firmly against Switzerland creeping towards membership and the tightening of the Criminal Code. of the EU. The debt and financial crisis in Europe shows just how With this clear policy based on conservative values the SVP wants to important a streamlined state with healthy finances, low taxes safeguard our country’s prosperity, jobs and future. and a high degree of legal certainty is if Switzerland is to remain Ueli Maurer represents the SVP in the Federal Council. With only a strong business location with safe jobs. In February 2014 the one seat in the Federal Council the party does not have its fair people and the cantons adopted an amendment to the Constitu­ share of government responsibility, but hopes to correct this situ­ tion, requiring that Switzerland should again have control over im­ ation in the upcoming 2015 elections.

SP Swiss Social Democratic Party Party President: 30 000 members www.spschweiz.ch Christian Levrat (member of the Council of States) Founded in 1888 Our slogan is ‘for the good of all, not just the few’. The SP hinges on the co-determination of the members of society, also in is committed to a society in which each and every individual is the business world. free to shape their lives; to a society of cooperation not discord; The SP will continue its commitment to improving the daily lives of to a society that is respectful of people who are less fortunate. In people in our country, by seeking to provide access to afford­able short, the SP is committed to a progressive, supportive and open housing, to guarantee safe pensions and good working conditions, society. to effectively protect the environment, to provide more equality, Switzerland has a solid social net and good public infrastructure. and to set an example of openness and optimism. The SP has made a large contribution in this respect. Without the Our policies are not based on the special interests of an elite. Our SP there would be no old-age pension, no maternity insurance and strength as a society hinges on our shared responsibility within the no votes for women. This is because the SP has always been the family, at work and in politics. That is why the SP pursues poli­cies for party that has stood up for more democracy and self-determina­ the good of all, not just the few. tion, not just in politics, but in all areas of society. True democracy

18 FDP FDP The Liberals Party President: 120 000 members www.fdp.ch Philipp Müller (member of the National Council) Founded in 1894; merged in 2009 FDP.The Liberals stand for ‘Freedom, Community and bilateral agreements must go hand-in-hand with a tough but fair Progress’. People should be able to determine their own lives re­ migration policy, better infrastructure, and encouragement for wo­ s­ponsibly. In Switzerland, people from different cultures and re­ men and older people to participate in the labour market. gions, and who speak different languages should be able to grow • Sound social services. Mountains of debt have already been accu­ together to form a community through their own free will. Innova­ mulated due to invalidity and unemployment insurance. The old tion should be supported by the belief in progress, and not stymied age pension fund awaits a similar fate in the not too distant future. by restrictions. Didier Burkhalter and Johann Schneider-Ammann We must put a stop to this! Reforms are needed across all social represent the liberal movement in the Federal Council. We want: institutions and pension funds so that future pensions can be sa­ • Secure jobs. The FDP wants everyone in Switzerland to have good feguarded. prospects – and this means having work. It is not politicians who • Less red tape. A flood of regulations and prohibitions restricts our create jobs, but the country’s many businesses both large and freedom on a daily basis and costs our SMEs billions each year. small. We work to strengthen Switzerland’s appeal as a business Personal initiative and entrepreneurship are constrained. The FDP location and financial centre. We want better schools, lower taxes, wants simple rules and swift procedures. liberal labour laws and advocate the bilateral path. Support for the

CVP Christian Democratic People’s Party Party President: 100 000 members www.cvp.ch Christophe Darbellay (member of the National Council) Founded in 1912 The CVP focuses on families and middle-income groups. • Economy: New, secure jobs and prosperity generated through As a business-oriented party with a liberal-social outlook it seeks innovation. In order to promote Switzerland’s economy and a balance between individuals and society, personal responsibility our SMEs, the CVP strives for attractive levels of taxation, out­ and solidarity. Its approach to coexistence is based on a Christian standing infrastructure and education. view of humanity and society. The party is committed to the inter­ • Social security: The CVP believes that the sustainable financing and nal and external security of the country. The CVP is represented in preservation of social institutions is the greatest challenge in the the Federal Council by Doris Leuthard, who holds the important coming years. This can only be accomplished through target­ed re­ environment, transport, energy and communications portfolio. forms and by avoiding unrealistic expansion or cutbacks. Main themes: • Environment policy: The CVP has long been committed to • Families: These form the backbone of our society and there­ preserving the planet and pursuing a sustainable climate and en­ fore need a strong framework, which includes a good work-life vironment policy. Ecological and economic interests must be re­ balance, low taxes and strong purchasing power. conciled.

19 … as well as the seven other political parties in parliament

The Greens Swiss Green Party glp Swiss Green Liberal Party Co-Presidents: Adèle Thorens Goumaz / 7500 members www.gruene.ch Party President: 3800 members www.grunliberale.ch Regula Rytz (members of the National Council) Founded in 1983 Martin Bäumle (member of the National Council) Founded in 2007 The Greens are the fifth largest party in parliament. The Green Liberals are committed to sustainable deve­l­ The party has sections in 25 of the 26 cantons, and holds seats in opment, and strive to address social, economic and environmen­ nine cantonal governments and in local government in numerous tal goals on an equal footing. The basis for this are an innovative towns and communes. Our party wants to see natural resources and sustainable market economy, a vibrant democracy, careful ma­ being used responsibly, an improvement in living quality and for nagement of our environment and a tolerant and caring society. We Switzerland to embrace relations with other countries. want to live in a pluralistic society where a high value is placed on The Greens strive to find long-term solutions and focus on quality individual freedom and individual responsibility. We have a duty to and diversity. Our current priorities include developing a green eco­ make sure we do not pass on a legacy of pollution and debt so that nomy to preserve resources and introducing energy solutions which future generations can also enjoy life. allow us to phase out nuclear power rapidly and reduce our depen­ dence on fossil fuels.

BDP Conservative Democratic Party EVP Swiss Evangelical People’s Party Party President: 6500 members www.bdp.info Party President: 4600 members www.evppev.ch Martin Landolt (member of the National Council) Founded in 2008 Marianne Streiff-Feller (member of the National Council) Founded in 1919 The BDP was among the winners of the federal elections The EVP is a dependable political force, which, since in October 2011, immediately securing a 5.4 per cent share of 1919, has been committed to a Switzerland with a good quality the vote. It is a modern, conservative party that takes account of of life and genuine solidarity. Based on Christian values such as social change and environmental challenges, without jettison­ responsibility, justice and perseverance, the EVP’s practical and ing all basic conservative values. The BDP strongly supports the solution-oriented policies for the benefit of all people are in the bilateral agreements with Europe. It wants a responsible economic­ middle of the political spectrum. The party has about 40 repre­ policy, a sustainable energy policy, forward-looking spatial planning sentatives in the cantonal parliaments. The EVP wants to support and a credible security policy. The focus is not on demands, but on families, preserve God’s creation, reduce debt and secure social solutions. The BDP is the youngest Federal Council party and is re­ services. It calls for an economy that deals fairly with resources presented in the national government by Eveline Widmer-Schlumpf. and manpower, solidarity with disadvantaged people and protec­ tion of human life.

20 Lega Lega dei Ticinesi CSP Obwalden Christian Social Party Obwalden Coordinator: 1500 members www.lega-dei-ticinesi.ch Party President: 250 members www.csp-ow.ch Attilio Bignasca Founded in 1991 Walter Wyrsch Founded in 1956 Work and security: the border regions, Ticino in particular, The Christian Social Party Obwalden is an independent pay a high price for the free movement of persons within Eur­ ope. political party founded in 1956. It consists of six communal sec­ The local population is subjected to growing levels of imported tions. It has been active as an independent parliamentary group and increasingly unscrupulous crime. Switzerland must regain in the Obwalden cantonal parliament since 1982. It is not a mem­ control over immigration. We must be able to limit the amount of ber of the CSP Switzerland. The CSP’s policies are in line with the cross-border traffic. principles of Christian social ethics, placing particular importance Independence: economic and political globalisation is weakening on solidarity, justice and sustainability. Switzerland. Switzerland can however hold its own in a fragment­ed Europe if it safeguards its independence and its freedom. Mobility: the planned overhaul of the Gotthard road tunnel in the coming years means that the construction of a second tube – without­ increasing capacity – is essential.

MCR Citizen’s Movement of French-speaking Switzerland Party President: Roger Golay 1500 members www.mouvement-citoyens-romand.ch (member of the National Council) Founded in 2005 We are neither right-wing nor left-wing, but are instead committed to social policies, a strong economy and exemplary pub­lic safety. We are in favour of a single medical insurance fund and seek a review of the bilateral agreements with the EU. We are against European competition and the wave of cross-border commuters from neigh­ bouring EU countries and seek to defend the national workforce. We want an independent, sovereign Switzerland. It is for that reas­ on that we founded the Citizen’s Movement of French-speaking Swit­ zerland and the umbrella organisation, the Federation of Citizen’s Movements of the Alpine Region.

21 THE LEGISLATURE: NATIONAL COUNCIL AND COUNCIL OF STATES Parliament

2222 The Council of States is known to have its own special culture. Although it is On the last day of a parliamentary session, for example, the 46 members of often the scene of heated debate, a tone of mutual respect is always the Council of States gather in the middle of the chamber, roughly forming an preserved among the members. In a debate they do not battle against another inner and an outer circle. They then walk round in opposite directions – hence member, but rather against a political position which opposes their own. There the name of the ritual, the ‘carousel’ – exchanging a few words with each are good reasons for this: various rituals have become established over the other, saying goodbye and wishing each other well until the next session of years, which have helped create this special culture in the small chamber. parliament with a shake of the hand or a kiss on the cheek.

2323 NATIONAL COUNCIL AND COUNCIL OF STATES Two chambers – one parliament

Representing the people and the cantons

Switzerland’s parliament or legislature consists of two chambers, den, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrho­ which are equal, yet very different in their own way: the people’s den and Appenzell Innerrhoden each have only one seat. Today, the representatives sit in the National Council, the large chamber, and members of the Council of States are directly elected. In the past the representatives of the cantons sit in the Council of States, the some were not elected by the people, but by a cantonal authority. small chamber. When they sit together in joint session, they consti­ This was the case in the canton of Bern, for example, where until tute the United Federal Assembly. The 246 members of par­liament 1979, members were elected by the cantonal parliament. represent the interests of various language communities, political parties, world views and faiths. The National Council and the Council of States generally sit sepa­ The 200 members of the National Council represent the roughly 8 rately, but they do handle certain items of business sitting in joint million people living in Switzerland – each member of the Nation­ session as the United Federal Assembly, such as when electing the al Council represents around 40 000 people. The largest delegation, members of the Federal Council and the federal courts. As such, the which is from the canton of Zurich, has 34 members. As the Cons­ Federal Assembly is the highest authority in the Swiss Confed­eration titution states that every canton is entitled to at least one seat in subject to the rights of the people and the cantons. This is an aspect the National Council, even Appenzell Innerrhoden, which only has peculiar to Switzerland: in contrast to other countries, the Swiss par­ a population of around 16 000, also sends a people’s represent­ative liament elects the government and the members of the supreme to Bern. court. Parliament’s decisions are not subject to review by any court. The 46 members of the Council of States represent the cantons. Furthermore, parliament cannot be dissolved before the end of a There are two representatives per canton, although even here legislature period. there is an exception: as former half-cantons, the cantons of Obwal­

“I swear by almighty God to uphold the Constitution, abide by the laws of the land and fulfil the duties of my office to the best “I hereby swear to uphold the Constitution, abide by the of my ability.” laws of the land and fulfil the duties of my office to the best of my ability.”

Newly elected members of parliament swear an oath or take a vow on taking up their seat.

24 MAJORITY SYSTEM AND PROPORTIONAL REPRESENTATION Two voting systems

Fresh elections every four years

Elections to the National Council take place every four years accor­ ding to harmonised national rules under a system of proportional United Federal Assembly representation. Each canton forms a constituency and receives at least one seat. Elections to the Council of States are held according The United Federal Assembly sits in the National to cantonal law, which is why it is not strictly possible to speak of Council chamber. While the members of the Na- general elections. Apart from in the cantons of Jura and Neuchâ­ tional Council sit in their usual seats, the mem- tel, elections to the Council of States are held under a majority or bers of the Council of States take up seats allo- first-past-the-post system. Elections are held in all cantons at the cated to their respective cantons around the same time as the National Council elections; only in Appenzell In­ back wall of the chamber. The sessions are nerrhoden is the cantonal representative determined at a later date. chaired by the President of the National Council, There is therefore no full election for the Council of States and con­ which is why he or she is referred to as the sequently no legislature period. highest ranking person in the country. There are significant differences between the two chambers in terms of the party political make-up, due in part to the electoral system: in the National Council the SVP is currently by far the strongest party Majority system with 57 members, followed by the SP with 46, the FDP-Liberals with 30 and the CVP with 29 representatives. How­ever, in the Council of and proportional States the CVP has 13 seats, the FDP and SP 11 each, and the SVP 6. representation The remaining seats are split between the Greens, the GLP and the BDP. Under the majority system (first-past-the- post) the person elected is the one with the Elections to the National Council are always held in the autumn so most votes. This method tends to favour large that the newly constituted parliament can meet for the winter sessi­ parties and well-known candidates. on in December. There are a total of four ordinary three-week sessi­ Under proportional representation seats are ons – usually in March, June, September and December. In addition, allocated according to the number of votes re- an extraordinary session lasting several days is often held between ceived by the parties and then to the best-placed the spring and summer sessions to reduce the backlog of business. candidates in those parties. This system enables Each chamber is free to decide whether or not it wishes to hold an even small parties to enter parliament. extraordinary session. An extraordinary session can also be conve­ ned if a quarter of a council’s members so demand it, or if the Fede­ Following the general elections at the end of a ral Council has urgent matters to put before parliament. legislature period around 30 per cent of seats go to new members. In the course of a legislature period around 10 per cent of council members step down and are replaced.

Elections to the National Council will be held on 18 October 2015. Elections to the Council of States will also be held on Sessions 2015 that day in most cantons. www.ch.ch/election2015 offers practical tips on voting Spring session: 2 – 20 March rules, explanations about the workings of parliament and Special session: 4 – 7 May election results on the day. Summer session: 1– 19 June Autumn session: 7– 25 September Winter session: 30 November – 18 December (9 December: General election of the Federal Council and the Federal Chancellor and the election of the President of the Swiss Confeder­ ation and Vice President of the Federal Council)

25 HOW PARLIAMENT IS ORGANISED Elected – what now?

Parliamentary bodies Competences

Any large group needs rules in order to function properly, and the The tasks of parliament and its procedural rules are set out in the Par­ same is true of parliament: each member of parliament is allocat­ed a liament Act. In addition, each chamber has its own standing orders. seat in the chamber, with members of the same party usually grou­ The main role of parliament is to enact legislation. The spectrum is ped together. At the first session of the new legislature period, each wide, ranging from Swiss abroad to civilian service, environmental chamber elects a president and the members of the Council Office. protection to motorway building, war material to peace promotion. The president chairs the council meetings. He or she is supported by the council secretariat and may be represented by one of the vice However, parliament is also responsible for: presidents if necessary. • releasing funding (budget) and approving the state accounts; The Office, an important body behind the scenes, takes deci­ • oversight of the Federal Council, administration and federal courts; sions on the session’s agenda and therefore sets the timetable for • electing the members of the Federal Council and the federal courts debates. It appoints the members of the committees and delega­ and the Federal Chancellor; tions and also instructs them on which items of business are to be • international agreements for which the Federal Council is not res­ prepared between the sessions. The council offices comprise the ponsible and president and vice presidents, the tellers and – in the case of the • fostering relations with foreign parliaments. National Council – the leaders of the parliamentary groups.

The members of a party or parties with similar views form parlia- mentary groups. At least five members from one council are needed to form a parliamentary group. The level of financial support that these groups receive for their political work depends on their size. In the National Council only members of a parliamentary group have the right to express their views on an item of business; fur­ thermore, membership of a parliamentary group is also a prereq­ uisite to be granted a seat on a committee. It is therefore only really possible for members to play an active role if they belong to a parliamentary group. That is why parties with fewer than five mem­ bers of parliament are keen to join a group. They are also courted because the more members a parliamentary group has, the more seats they are entitled to on committees and the greater influence they have on council business. Given the volume of business they have to deal with, often on tech­ nical issues, it is difficult for council members to reach an informed opinion. Before an item of business comes before the council, it is therefore discussed within the parliamentary groups with the aim of agreeing on a common position, which can be supported by the members of the group in the chamber and before the media and general public. However, when the matter is voted on in the cham­ ber, members are not instructed how to vote. The constitution states that council members may not vote on the instruction of another person; their vote may therefore deviate from the position of their parliamentary group or canton. The committees provide an opportunity for matters to be discussed in greater detail, to clarify specific issues, hear experts from the ad­ ministration or from the interest groups concerned, and address questions to federal councillors. They also serve as a testing ground to see whether a majority can be found for certain positions or ideas across party lines.

26 Training for the top job

Presiding over the chamber is a demanding job, but the term of office is limited to one year. Giv­ en that there is a first and second vice president is also elected, there is effectively a two-year training period in which the future office holder has time to learn the ropes as a member of the Council Office. So despite the frequent rotations a large degree of continuity is maintained. In the Council of States this training period can even last four or five years as the tellers and deputy tellers move up the waiting list for the role of Council President.

Women in parliament

Women in Switzerland have only had the right to vote and be elected since 1971. Their share of seats in parliament has risen from 5 per cent in 1971 to 31 per cent today. In comparison, on average roughly 22 per cent of parliamentary seats worldwide are held by women; that figure is around 40 per cent in the Scandinavian coun- tries. The country with the highest share of wom ­en in parliament is Ruanda at over 60 per cent.

Is parliament getting younger?

Around twenty years ago, most members of par- liament were between 40 and 60 years old; in the 1920s a fifth of representatives were under 40. Today there is a relatively even spread of age groups. The youngest member of parliament is currently 27; the oldest is 83.

27 THE LARGE AND SMALL CHAMBERS Two equals

Same powers – different cultures

The two-chamber system creates a balance between the large and Both councils must reach reconcilable decisions­ if the decisions are small cantons and gives more power to the various linguistic regi­ to be valid. Even the individual members of the Council of States and ons. A two-chamber system is not always the norm – in many coun­ the National Council have the same rights: any member can submit tries, parliament has only one chamber. Where there are two cham­ a draft law or mandate to the Fed­eral Council. Two chambers with bers, generally speaking the larger chamber, which in most cases completely equal rights are also found in the United States Con­ represents the electorate, has more to say than the smaller chamber, gress, where the Senate and House of Representatives have identical which often represents the regions. In Switzerland, the situation is powers. In Europe on the other hand, Switzerland is the only country different: both chambers have the same powers, and deal with the that has this system. Even the cantons have only one chamber of same business in the same way. This also applies to budgetary mat­ parliament. ters. The two councils take turns to debate items of business first.

Allocation of seats in the National Council

28 Draft laws are debated up to three times by each council so that Council are allowed to speak, which leads to less spontaneity­ in the identical decisions can ultimately be reached. Sometimes this can voting. For this reason, it is easier to influence the result of a vote in be difficult, but in most cases it can be achieved because each the Council of States by presenting strong arguments than in the council is ready to make compromises and adjustments, even National Council. though neither chamber operates in quite the same way. Due to differences in their political composition, they often do not reach It often takes quite some time before both chambers agree on iden­ the same result when they vote. In addition, the Council of States tical wording for a new law. But when the decision has finally been is more representative of the cantons than the National Council. taken and the hurdle of a potential referendum has been overcome, The size of the chambers also has an influence: the 46 members the new law has proper substance. The predictability and stability of of the Council of States can speak out at any time on any matter, whe­ political decisions is a key factor in Switzerland’s success and pros­ reas complex rules apply on when the 200 members of the National perity.

Members of the National Council and Council of States from A–Z and by canton www.parliament.ch > Bodies and council members > National Council www.parliament.ch > Bodies and council members > Council of States

Allocation of seats in the Council of States

29 PARLIAMENTARY MECHANISMS Raising issues and making new laws

The engine room of parliament: Parliamentary instruments the committees

Any member of the National Council or the Council of States can Many people may be surprised to find the chambers of the National make a procedural request to introduce a new law, add a new pro­ Council and Council of States half empty and wonder if any­one is vision into the Constitution, or to have an existing law amended. doing any work there. By the time any proposal is discussed in the They can also request the Federal Council or the administration to councils, most of the parliamentary work has already been done, provide a report or information. and many preliminary decisions have already been taken. This is the committees’ job, as they conduct initial discussions on all items of A member of parliament can use a parliamentary initiative to pro­ business. pose that parliament itself should enact a law – either by formulat­ ing the idea or even drafting the law itself. With a motion, a mem­ There are nine legislative committees, whose main task is to make a ber of parliament can assign the role of lawmaker to the Federal preliminary examination of legislative proposals. They are each res­ Council. A postulate is used to request the Federal Council to exami­ ne ponsible for a specific topic, such as transport, legal affairs, foreign whether a new law or decree should be drafted or measures taken, or social policy, etc. In addition, there are the finance committee and while an interpellation is a request to the Federal Council to provide the control committee, which oversee the federal finances and the information on significant domestic or international events. activities of the Federal Council and the Adminis­ tration.

Majority support is required to follow up on procedural requests: in In specific cases, a parliamentary investigation committee can be the preliminary consultation committees, or in either or both coun­ given special powers to investigate certain procedures and sectors. cils. As procedural requests generally relate to politically controver­ sial matters, however, there is no guarantee that a ma­jority can be In contrast to sessions of the National Council and Council of States, secured. committee sessions are not open to the public – holding meetings in camera is thought to facilitate a more open discussion among Enthusiastic use is made of parliamentary instruments: in 1995 each members. However, after meetings, the committees inform the me­ member of parliament filed an average of 3.9 procedural requests dia of the outcome. every year. By 2009, the high water mark (so far), this number had risen to 9.4. It then fell a little to 8 procedural requests per year and National Council committees comprise 25 members each, while member in 2011. Overall in 2014, 1456 proce­dural requests were those in the Council of States have 13 members. Their composi­ dealt with. tion depends on the relative strengths of the parliamentary groups. Between parliamentary sessions, the committees meet In response to every procedural request, the Federal Council and the once or twice for a day or two. Committee members can sub­ Administration have to conduct inquiries and issue an opinion befo­ mit proposals on any of the legislative texts they are discussing, re the matter can be discussed and decided on, first in the relevant either relating to the text in its entirety or to individual points. If a committee and then in the council. Many long hours of work must proposal is rejected, it can be made again when the matter is dis­ therefore be put in before a procedural request is either accepted cussed in the council. or rejected.

30 SEMI-PROFESSIONAL PARLIAMENT From the workplace to the Federal Palace

Honour and burden: how much time do council members spend in Bern?

The members of the Federal Assembly gather in Bern four times a year for their three-week ses- sions, and if necessary for a two- or three-day extraordinary session. The number of days on which the councils meet each year has remain­ ed more or less the same since the founding of the federal state in 1848, although the workload A part-time parliament and complexity of the items of business have increased significantly. Switzerland’s parliament is a part-time parliament: its members de­ In addition to their attendance during the ses­ dicate a great deal of time to their parliamentary work, but most sions, council members also have to come to Bern continue to pursue other professional activities. Due to the high for committee meetings. Whereas in the past workload – and the increasingly complex range of subject matter committees were formed to work on specific – some occasionally question the present system and call for a pro­ bills, most are now standing committees. Mem- fessional parliament. The counter argument is that part-time politi­ bers of the National Council sit on one to two cians are more grounded and accessible and able to make a valuab­ committees, while their colleagues in the Coun- le contribution to debates due to their professional experience and cil of States sit on three to four committees. This expertise. means that National Council members are in Bern for an additional 30 to 50 days a year, and those in the Council of States are in the capital for an extra 40 to 70 days a year.

How much a member of parliament earns

In line with the relevant regulations, members of parliament are entitled to the following remuner­ ation: - Annual salary to prepare for parliamentary work: CHF 26 000 - Daily allowance for council and committee at- tendance: CHF 440 - Annual allowance for staff and material ex- penses: CHF 33 000 On top of that there are allowances for food, trav ­el and accommodation, pension fund as well as additional expense allowances for council and committee presidents and vice presidents. A portion of those allowances are tax free. Depending on the number of attendance days and the council member’s functions, the salary and allowances can amount to between CHF 130 000 and 150 000 a year.

31 WHO GOES IN AND OUT OF THE FEDERAL PALACE An open house

The ‘conference room of the nation’

Bern has been the home of Switzerland’s political activities since tons, and foreign delegations are received in the richly decorat­ed 1848. The councils have held their meetings in the Federal Palace rooms. The lobby and restaurant provide a setting for more informal since 1902. The building was originally intended to serve not only discussions, and there are also places where council members can as the seat of parliament, but of the whole Federal Administration.­ sit down to work. Even in an age of chatrooms, Skype and social media, there is still a need for a place where members of parliament can gather to hold Wherever there are political goings-on the media are never far meetings and discussions, but also have informal chats. behind. For a number of years now a large, modern media centre has The Federal Palace is above all the nation’s meeting place: in ad­ been set up on Bundesgasse, but camera teams can also be found dition to the parliamentary sessions held in the two largest cham­ in the Federal Palace itself most days looking for politicians to in­ bers, around 2000 meetings a year are held in the many other terview. confer­ence rooms. The Federal Palace also has an important ceremonial and not least a social function: given its architec­ Lobbyists representing the interests of associations, businesses or ture it lends itself as a stage for the nation’s political proceedings. other organisations in parliament also come and go: each member Council sessions are public and attract a great deal of public of parliament is entitled to name two people who are able to enter interest. Politicians meet with visitors groups from their home can­ the Parliament Building as guests.

Parliamentary lobby

32 PARLIAMENTARY SERVICES In word and deed

The hub of parliamentary activity

From IT support to preparing and following up on committee mee­ Bern. Here too the Parliamentary Services assist council members tings – the Parliamentary Services support council members in ful­ in word and deed. filling their duties. In terms of the separation of powers they are answerable to parliament and operate independently of the Federal Information online and in all official languages Council and the Federal Administration. Council members can find most of the information they need on the intranet. Each member of parliament receives a laptop if they wish The start of a new term of office for a newly elected member of the or at least the necessary codes to login to parliament’s IT network. Federal Assembly is comparable with starting a new job: the new de­ A team of IT staff and web specialists is responsible for running and puty has a host of questions, is inundated with information,­ expec­ maintaining the entire IT infrastructure for the Parliamentary Servi­ ted to hit the ground running, but first has to become acquainted ces and the secretariats of the parliamentary groups. The parliament with how parliament works. At the start of a new legislature period, website also has to be kept up to date so that the public can find out the Parliamentary Services with its 311 staff (213 full-time equiva­ about parliamentary business, council members and events. During lents) has a great deal to do. the sessions debates are streamed live online. Council members speak before parliament and in the committees When parliament is in session, all the various units of the Parliamen­ in their own language. During sessions in the National Council, tary Services are kept busy: from the front desk to the desks of the interpreters provide simultaneous translation of statements in the council presidents, from council members’ workstations to the res­ three official languages of German, French and Italian. Most doc­ taurant, from the smallest to the largest meeting rooms – behind the uments are also translated. scenes and front of house. The public can follow what their representatives are doing not only The debates are written up while the session is still in progress and through the media and online, but also in person from the gallery. published in the Official Bulletin, so that individual statements and Council members receive individual visitors or groups at the Parlia­ the results of the votes can be read online at www.parlament.ch ment Building and visitors can also find out more about the building around an hour later. and proceedings by taking a guided tour.

Diverse range of services A large number of people from different walks of life pass through Things are slightly calmer in between sessions, but even then the doors of the Federal Palace: council members, representativ­ es of there are often committee meetings. These are usually prepared by different interest groups and the media, civil servants and visitors. the relevant committee secretariats with practical support provided For an open building such as this a certain number of security meas­ by the team of ushers. In order to prepare for the committee mee­ ures and staff have to be in place. The building also has to be looked tings, members are provided with all the necessary documentation after. The activities that take centre stage would not be possible wit­ so they can familiarise themselves with the varied subject matter, hout all the work done behind the scenes: work would soon grind to such as reports from federal offices, articles from the press or specia­ a halt if the wastepaper baskets were never emptied, if there was no list literature and the minutes of earlier meetings. Council members heating in winter or if there was nowhere to get a coffee … can request personalised documentation packs and advice for more in-depth information, or to help prepare for visits at home or abroad. Secretary General: Parliament Building, 3003 Bern www.parliament.ch The work of the Parliamentary Services also includes drafting Philippe Schwab 058 322 99 10 press releases, arranging press conferences, organising visits by [email protected] Swiss delegations abroad and receiving foreign delegations in

33 HOW NEW LAWS COME ABOUT The total revision of the CO2 Act Bringing in new legislation is a complex and at times protracted business. The process takes at least twelve months, but it has been known to take as long as ten years or more. In the following example, it took five years for an existing law to be replaced by a new one.

The total revision of the 1999 CO2 Act was begun in 2008. The revised law came into force at the beginning of 2013. Under the new law, CO2 emissions must be reduced by at least 20% compared to 1990 levels by 2020.

vour of the first alternative, whereby emissions reduction is What Who When 1 Federal Council mandate Federal Council, Federal February 2008 achieved mainly through measures taken in Switzerland. Administration (DETEC) The FOEN drafts a dispatch on Swiss climate policy after 2012. Popular initiative Initiative committee February 2008 On the one hand, the dispatch lays out the ‘healthy climate’ The first step is taken by someone who believes there is a need for popular initiative and recommends that it be rejected; on the a new piece of legislation or for an existing act to be amend­ed. This other, it outlines the draft developed as an indirect counter- can be an individual member of the electorate, interest groups, proposal to amend the CO2 Act. members of parliament, or sections of the administration, cantons or the Federal Council. In this case it is the Federal Council that in February 2008 instructs­ What Who When 4 Dispatch Federal Council August 2009 the Federal Department of the Environment, Transport, Energy and

Communications DETEC to prepare a draft revision of the CO2 Act. The Federal Council approves the dispatch on Swiss climate poli­cy

The Federal Office for the Environment FOEN, which is part of DE­ after 2012, together with the draft total revision of the CO2 Act and TEC, is charged with this task. the federal decision on the rejection of the recommended popu­lar At the same time, a committee submits the popular initiative ‘For initiative. The Presiding Colleges of the National Council and the a healthy climate’ to the Federal Chancellery – with 115 689 valid Council of States notify the National Council of the item of business, signatures. as this will be the first of the two chambers to address it.

What Who When What Who When 2 Consultation Federal Council, Federal December 2008 5 Preliminary examination Committee of first chamber October 2009 Administration (DETEC) (here: National Council)

The Federal Council commissions DETEC to conduct consultation The Environment, Spatial Planning and Energy Committee of the Na­ proceedings on the draft revision of the CO2 Act. The draft revision tional Council (CESPE-N) conducts the preliminary examination of provides for two alternatives: the first places emphasis on emissions the modification of the CO2 Act and the popular initiative and con­ reduction measures on the domestic front, and the second­ focuses sults the ‘Climate Initiative’ committee, as well as other interested on compensating domestic emissions by purchasing certificates ab­ parties. road. The National Council deliberates on the amendment of the act in During the consultation proceedings, the cantons, federal courts, the spring and summer sessions 2010 and decides to discuss the political parties, business federations and other organisations are all popular initiative at a later date. able to submit their comments on the draft and propose amend­ Unlike the Federal Council, it intends to achieve a reduction in emis­ ments. sions through domestic measures alone and decides on a goal of a At the same time, the Federal Council rejects the ‘healthy climate’ 20% reduction. At the same time, it incorporates an option in the popular initiative because it could prove to be too rigid both in draft act, allowing the Federal Council to increase the reduction goal terms of both domestic and foreign policy. up to 40% if necessary.

The Federal Council therefore intends to submit the revised CO2 Act to the Federal Assembly as an indirect counter-proposal to the po­ What Who When pular initiative. 6 Discussion First chamber June 2010 (here: National Council)

What Who When On 1 June 2010, the National Council adopts the draft revised ver­ Draft Federal Administration (DETEC) May–August 2009 3 sion of the CO2 Act as an indirect counter-proposal to the healthy climate popular initiative and decides to extend the deadline for The FOEN compiles the roughly 200 responses received to the addressing the popular initiative by a year. consultation into a report. Responses are overwhelmingly in fa­

34 What Who When What Who When 7 Preliminary examination Committee of second cham- September 2010 to 11 Publication Federal Administration 23 December 2011 ber (here: Council of States) March 2011 Beginning of referendum (Federal Chancellery) period The Environment, Spatial Planning and Energy Committee of the The proposal is published in the Federal Gazette, which marks the Council of States (CESPE–S) accepts the Federal Council’s proposal beginning of the referendum period; if at least 50 000 members of for the most part. Contrary to the National Council’s decision, it favo­ the electorate demand a referendum within 100 days, the revised urs a reduction goal of 20% through the partial purchase of foreign law will be put to the vote by the People. certificates.

What Who When What Who When 12 Voting recommendation Federal Assembly (National March 2012 8 Discussion Second chamber March 2011 Council and Council of States) (here: Council of States) Due to the delays caused by the resolution of differences, the Natio­ The Council of States considers the proposal for a total revision of nal Council and Council of States approve an additional extension of the act and holds a consultation where each article of the draft is a year to address the ‘healthy climate’ popular initiative. discussed separately. It accepts the proposals of its advisory com­ The two chambers finally adopt the draft proposal for the federal mittee for the most part and adopts the draft amendment on decree on the popular initiative. The Federal Assembly declares the 8 March 2011. Since this version does not correspond with the Na­ validity of the popular initiative and recommends that the people tional Council’s version on all points, the chambers proceed to the and the cantons reject the initiative. resolution of differences.

What Who When What Who When 13 Popular initiative Initiative committee March 2012 9 Resolution of differences National Council September to withdrawn Council of States December 2011 The committee withdraws the ‘healthy climate’ initiative on condi­ During the resolution of differences, the item of business is again tion that no referendum is held against the total revision of the CO submitted first of all to the National Council, which at this point fo­ 2 Act. No referendum is requested; the popular initiative is withdrawn cuses only on the provisions still under debate. The item of busi­ and so no popular vote is held. ness is then sent to the Council of States, which, as second chamber, addresses the remaining differences before it is sent back to the Na­ tional Council. What Who When After the third discussion of each individual article, the National 14 Law comes into force Federal Council January 2013 Council adopts the amendments proposed by the Council of States. The referendum period for the revised CO2 Act expires without having been used. The ‘healthy climate’ initiative is therefore with­

What Who When drawn. The revised CO2 Act takes effect from 1 January 2013. 10 Final vote Federal Assembly (National 23 December 2011 Council and Council of States)

In the final vote on 23 December 2011, both chambers adopt the draft of the total revision of the CO2 Act.

Traffic accounts for a third of total greenhouse gas emissions. Although individual vehicles emit lower levels of CO2, overall emissions have increased since 1990 as there has been a sharp rise in the number of vehicles on the road and in the number of kilometres travelled.

35 THE ORIGINS OF THE FEDERAL PALACE Stage by stage

The Parliament Building – the heart of the Federal Palace

The Federal Palace, the seat of Parliament and the Swiss govern­ the inter-connected three-part complex that we see today. ment, is considered to be one of the most significant historical buil­ The Parliament Building is a monumental work in the neo-renais­ dings in Switzerland. It consists of three elements, which are linked sance style with porticos and a prominent dome. The rich artistry by raised covered walkways: the West Wing, the Parliament Building and the East Wing. In contrast to most other countries with a bica­ meral system, both chambers are housed under the same roof.

On 28 November 1848 the Federal Assembly, in the first round of voting, chose Bern to be the capital city and therefore the seat of the federal authorities. As there were no suitable existing buildings­ in Bern to house the government, Parliament and the Federal Ad­ ministration, provisional solutions at first had to be found. The Erla­ cherhof on Junkerngasse was made available to the Federal Coun­ cil, the National Council met in ‘Casino’ music hall built in 1821 and occasionally in Bern’s town hall, while the Council of States met in the town hall ‘Zum Äusseren Stand’ on Zeughausg­ asse. The Federal Supreme Court and the various branches of the administration took up residence in various buildings in the old town.

In February 1849 the city authorities were commissioned with the task of finding an appropriate location for a central building with sufficient space to house both chambers of parliament, rooms for the Federal Council, 96 offices and an apartment for the Federal Chancellor. The site chosen by the Federal Council from a number of proposals was that of the town’s timber works next to the casino. On 8 April 1850 the city council launched a tender for designs for the ‘Bundes-Rathaus’ on the southern side of the old town on the edge of the escarpment above the River Aare.

Work on the construction of what is now the West Wing began in 1852 and was to house both chambers of parliament. The official inauguration took place a little over 5 years later on 5 June 1857. It was later joined by the mirror image East Wing in 1884. and construction materials drawn from around the country under­ The central Parliament Building, built according to plans drawn up line the character of the building as as a national monument and as by architect Hans Wilhelm Auer between 1894 and 1902, completed a ‘federal palace’.

The architect’s intention in designing the Parliament Building was to replicate, figuratively, the whole of Switzerland. He drew up a plan of pictures and symbolic images covering three broad themes: the nation’s history based on founding myths, the cons­ titutional found­ ations and general virtues of the state as well as Switzerland’s cultu­ ral, political, geographic and economic diversity.

36 37 THE EXECUTIVE: FEDERAL COUNCIL AND DEPARTMENTS The Government

38 The members of the Federal Council are sitting in the antechamber to their to reach agreement in the end. This requires a willingness to reach out across meeting room. They can be seen chatting over coffee, the atmosphere seems party lines, but Switzerland’s system of government is geared towards that. relaxed. The 2015 photo of the Federal Council portrays a cabinet that is It is the only way that decisions will find the support of Parliament and the eager to come together to seek out the best solutions for the country. In a people. One of the highlights of this election year will take place on power-sharing government with representatives from five different parties, 9 December when the Federal Council and the Federal Chancellor stand for some of which have very different manifestos, this can be quite a challenge. re-election by the United Federal Assembly. Some items of business give rise to heated debate, yet the government has

39 The Federal Council

The Swiss government comprises the seven members of the Federal Council, who are elected individually by the United Federal Assembly for a four-year term of office. The president is elected for one year only and is regarded when in office as ‘primus inter pares’, or first among equals. She chairs the sessions of the Federal Council and undertakes special ceremonial duties. The Federal Chancellor acts as the government’s chief of staff.

Simonetta Sommaruga Johann N. Schneider-Ammann Doris Leuthard Eveline Widmer-Schlumpf President of the Vice President of the Federal Council Head of the Federal Department Head of the Federal Department Swiss Confederation Head of the Federal Department of of the Environment, Transport, of Finance Head of the Federal Department Economic Affairs, Education and Research Energy and Communications Member of the BDP of Justice and Police Member of the FDP Member of the CVP Federal Councillor since 2008 Member of the SP Federal Councillor since 2010 Federal Councillor since 2006 Federal Councillor since 2010

Ueli Maurer Didier Burkhalter Alain Berset Corina Casanova Head of the Federal Department Head of the Federal Department Head of the Federal Department Federal Chancellor since 2008 of Defence, Civil Protection of Foreign Affairs of Home Affairs and Sport Member of the FDP Member of the SP Member of the SVP Federal Councillor since 2009 Federal Councillor since 2012 Federal Councillor since 2009

40 Collegiality The Federal Constitution stipulates that ‘the Fed­ ­ eral Council takes decisions as a collegial body’. Each federal councillor has equal rights as a mem- ber of the collegial body. The President of the Swiss Confederation chairs the sessions, but has no more rights than the other members. Decisions are made together. As a rule, the Federal Council avoids putting matters to a vote, as it is normally clear from the discussion what the majority view is. Once a decision is made, members of the Fed­ eral Council must remain unanimous when present­ ing it to the public, even if it is contrary to their Role of the Federal Council personal view or to the position of their party.

As the highest executive authority of the country, the Federal Coun­ Consensus cil is primarily responsible for the activities of the government. It Switzerland’s culture of consensus corresponds to must continuously the belief that decisions are only lasting if they are • assess the situation arising from developments in the state and so­ supported not only by the majority, but also by the ciety and from events at home and abroad; minority. Important decisions should be made by • define the fundamental goals of state action and determine the consensus, which is why the various parties and resources needed to attain them; language regions are included at government lev­ • plan and co-ordinate government policy and ensure its implemen­ el. The seven members of the Federal Council tation; belong to five different parties and hail from can- • represent the Swiss Confederation at home and abroad. tons in the German- and French-speaking parts of Switzerland. A woman was elected to the Federal Furthermore, the Federal Council must regularly and systemati­ ­- Council for the first time in 1984. Today there are ­­cally scrutinise the workings of the Federal Administration in four men and three women. order to ensure its efficiency and the legality and practicality of its activities. The Federal Council also takes part in the legislative pro­ From one-party to cedure by • leading the preliminary proceedings of legislation; multi-party government • submitting federal acts and decrees to the Federal Assembly; Switzerland has not always had a multi-party • enacting ordinances in so far as the Federal Constitution or fed­eral government. After the founding of the federal state law empowers it to do so. in 1848, the Federal Council consisted entirely of members of the Free Democratic Party for 43 years. Finally, the Federal Council drafts the budget and the state accounts. The first Catholic-Conservative (today’s CVP) mem- The Federal Council generally meets for one ordinary session each ber joined the government in 1891, followed by a week and takes decisions on some 2000 to 2500 matters each year. second in 1919. In 1929, the Federal Assembly In addition to extraordinary sessions, which are convened at short elected a member of the Farmers’, Trades’ and Ci- notice as and when the need arises, a number of special meetings tizens’ Party (today’s SVP) to the Federal Council. In are also held each year, which are dedicated to the consideration of 1943, during the Second World War, the Social especially complex and important issues. The sessions of the Federal Dem­ocratic Party was also brought into the govern- Council are chaired by the President of the Swiss Confed­eration, or ment. In 1959, the four parties agreed to form a in her absence, by the Vice President. They can last between three government with two Free Democrats, two Christian and six hours. The departments and the Federal Chancellery prepare Democrats, two Social Democrats and one member the agenda, but it is the Federal Council that takes the decisions as of the Swiss People’s Party (also known as the ‘mag­ a collegial body. Each member of the Fed­eral Council has one vote. ic formula’ 2:2:2:1). This constellation remained The Federal Chancellor is entitled to propose motions and speak, unchanged for 44 years. Then, in the 2003 Federal but has no vote. Council elections, the SVP won a seat from the CVP. In 2008, however, the two SVP representatives Eve- line Widmer-Schlumpf and Samuel Schmid shifted their allegiance to the newly created BDP (Conser- vative Democratic Party). Since Samuel Schmid stepped down in 2009, the SVP has again had one seat in the Federal Council, held by Ueli Maurer. Since then, the formula has been: 2:2:1:1:1 (2 SP, 2 FDP, 1 CVP, 1 BDP, 1 SVP).

41 ORGANISATION OF THE FEDERAL ADMINISTRATION Where the 38 000-strong federal staff work

Federal Chancellery FCh

The Federal Chancellery is headed by Federal Chancellor Corina Ca­ Overseeing items of business through to the sanova, who is elected by parliament in the same way as the mem­ decision stage bers of the Federal Council. She has a say in government affairs and Federal Council meetings normally take place in the Federal can submit proposals on matters relating to her field of business. Council chamber in the West Wing of the Federal Palace every The Federal Chancellor is supported in her work by vice chancellors Wednesday (Fridays when parliament is in session), starting at André Simonazzi and Thomas Helbling, and about 270 employees. nine o’clock sharp. They generally last between three and six hours. Before an item of business reaches the federal councillors, it goes through a series of stages which are overseen by the Fed­ Coordination and monitoring of democratic rights eral Chancellery. When a draft proposal submitted by a department The Swiss people are called to vote on important political issues has gone through the office consultation procedure, the head of three or four times a year. They elect a new parliament every four department responsible signs the final proposal. His or her fellow years. It is the job of the Federal Chancellery to ensure that the federal councillors are then given the opportunity to submit their electoral process runs smoothly. The Chancellery makes sure that views on it in a joint reporting procedure. Not until this proce­ the cantons and communes organise the vote properly. And if par­ dure is complete and the Federal Chancellery has ensured that the ties, organisations, political groups or individuals have a political item of business is formally and legally correct can it be put on the concern, i.e. they would like something in Switzerland to be agenda for a Federal Council meeting. changed, the Federal Chancellery is the right place to turn to. Here they receive advice as to the best way to proceed, or what they need to pay attention to when submitting an initiative or launching­ a re­ Communication of Federal Council decisions ferendum. Immediately after a Federal Council meeting, Vice Chan- cellor and Federal Council Spokesperson André Simonazzi informs parliament and the public of the most important Vote électronique: a joint project decisions taken during the session. He comments on the deci­ For now, most Swiss people have two ways of casting their vote: they sions together with a member of the Federal Council or an expert can either send it by post or drop it in the letterbox of the commune on the subject. The press conference can be followed live at www. or in the ballot box in their commune. In future, people will also be tv.admin.ch. able to vote electronically. The Federal Chancellery is working close­ Vice Chancellor Thomas Helbling in turn ensures that all ly with the cantons to implement the ‘Vote électronique’ project. seven departments are informed in detail and in writing ‘Security before speed’ is the motto when it comes to introducing about the Federal Council decisions. The Federal Council this new voting channel. Half of the cantons have participated in decisions and reports are published in the Federal Gazette in the e-voting trials since 2010. An average of around 160 000 voters, pri­ three official languages. The new or amended acts and ordin­- marily Swiss people living abroad, can now vote electronically. This anc es­ are published weekly in the Official Compilation of Federal target group will also be able to vote online in the 2015 National Legislation. The Classified Compilation of Federal Legislation is Council elections. In the next phase of the project, pilot projects will continuously updated. It provides a complete overview of current be extended to eligible voters resid­ing in Switzerland. law, and is an essential tool for both lawyers and many private individuals.

Planning for the Federal Council The Federal Council deals with between 2000 and 2500 items of government business every year, which are brought together in a four-year legislature plan which serves as a basis for defining the annual objectives. In its annual report, the Federal Council reports to parliament on whether it has achieved those objectives. The pl­ anning process is conducted by the Federal Chancellery together with the departments. The Federal Chancellery also coordinates long-term planning. The challenges facing Switzerland in the years to come are outlined in the Outlook 2030 report.

44 Federal Chancellor: Corina Casanova Vice Chancellors: André Simonazzi, Thomas Helbling

Federal Palace West Wing, 3003 Bern 058 462 37 91 Information officer: Ursula Eggenberger Federal Chancellery FCh www.bk.admin.ch

Support for the President of the Swiss Confederation Collaborative tool for the Federal Chancellery When a federal councillor is elected President of the Swiss Confed­ All employees of the Federal Chancellery work with an electronic eration, they and the department they head assume a number of records and process management system, which makes it easier for additional tasks. The Federal Chancellery supports the president teams to work together; important documents are also ar­chived au­ with a special range of services, some of which are provided by the tomatically. The system also allows recurring procedures to be initi­ Presidential Affairs Unit established in 2015. The unit’s core task is to ated and executed according to predefined processes. provide foreign policy advice, but it also supports the president in Internal Services, headed by Hans-Rudolf Wenger, ensure a broad range of communication tasks which arise during the year that the wheels of the Federal Chancellery turn smooth­ in office. ly. The main tasks of Internal Services include human re­ sources, finance and accounting, logistics, electronic records and process management, information technology, the usher service, Texts in German, French and Italian events management at the von Wattenwyl Haus and the Lohn In a multilingual country such as Switzerland all laws and im­por­- country residence, and the authentication of signatures for for­ tant parliamentary, government and administrative texts have to be eign authorities. made available in the three official languages. The Central Language Services at the Federal Chancellery ensure that laws, ordinances and treaties are formulated as clearly as possible in German, French and Ensuring transparency and protecting privacy Italian. Many federal government and admin­istrative texts are also Commissioner: www.edoeb.admin.ch translated into Romansh and English. Hanspeter Thür The Data Protection Act (DPA) is designed to protect the privacy and fundamental rights of persons whose data is pro­ Publications on federal votes and elections cessed. The Federal Data Protection and Information Commission­ Three or four weeks before a popular vote is held, the country’s five er (FDPIC) ensures compliance with this law and advises citizens million eligible voters receive a pamphlet setting out the proposals in matters relating to data protection. His second area of responsi­ submitted to a popular vote in a concise and easily understandable bility involves the Federal Act on Freedom of Information, which manner. A working group led by the Federal Council Spokesperson affords access to official documents. If a federal office concerned prepares this information in conjunction with the relevant depart­ refuses to give a person access to such information, the FDPIC can ment. The Federal Council discusses and approves the information. be called upon to mediate. The pamphlet is very much appreciated with about 70 per cent of voters using it as a source of information. When elections to the Na­ tional Council are held every four years, the Federal Chancellery pu­ blishes a brochure explaining the voting­ procedure and aspects of Switzerland’s political system. In addition, the Federal Chancellery also manages several govern­ ment websites: www.admin.ch, www.bundesrat.admin.ch, www. news.admin.ch and the Swiss portal www.ch.ch.

Käfigturm: a forum for political ideas In their efforts to make the world of politics accessible to as many citizens as possible, the Federal Chancellery and Parliamentary Ser­ vices run a political forum in the Käfigturm (prison tower) in Bern. Here political issues are presented in a refreshing way for visitors, school classes, tourists and passers-by. Thematic exhibitions are sta­ ged along with talks, podium discussions and films. A large selection of information leaflets is available. Political parties and other organi­ sations can hold meetings and small-scale events in the political fo­ rum (www.kaefigturm.ch; www.facebook.com/ KaefigturmForum).

45 Federal Department of Foreign Affairs FDFA Helping people to help themselves

An earthquake in a remote village in Morocco has caused huge devastation: whole houses have collapsed, people and animals are buried under rubble. The injured need to be rescued as soon as possible. Fortunately, this is just an exercise being played out in realistically staged ruins in Epeisses near Geneva. A team from the Moroccan civil defence service has arrived with 30 tons of equipment and eleven search and rescue dogs to train here for all eventualities. Since 2007, Swiss experts under the guidance of the FDFA have been supporting the Moroccan rescue services. On the right, holding a phone and wearing a white protective helmet, is Susanna Graf of the FDFA’s Swiss Agency for Development and Cooperation (SDC) – one of the organisers of the large-scale exercise. Transfer of expertise is one of the main aspects of Swiss development work, true to the motto of helping people to help themselves.

Switzerland regularly passes on its expertise in disaster relief to other countries. Susanna Graf of the SDC is one of around 5800 federal employees at the Federal Department of Foreign Affairs (FDFA).

46 47 Federal Department of Foreign Affairs FDFA

The FDFA safeguards Swiss interests abroad and implements the most important developments via Twitter. The Centre coordinates foreign policy adopted by the Federal Council. For the period 2012– government measures to protect Swiss nationals in cases of 2015, the Federal Council is placing particular emphasis on fostering armed conflict, political unrest, major accidents, natural disasters, and expanding relations with neighbouring countries and with the a ­ttempts on their lives, and kidnappings abroad. European Union as a whole. Switzerland also wants to step up its The Protocol section is also attached to the State Secretariat. It efforts to promote stability in Europe and neighbour­ing regions and coordinates ceremonial matters and protocol, and is responsible to foster a range of strategic partnerships and its involvement in the for ensuring compliance with the Protocol Rules of the Swiss global arena. Confederation. The FDFA uses modern technologies to continuously update and im­ prove its services for Swiss nationals abroad. Directorate of Political Affairs DP Director: General Secretariat GS-FDFA State Secretary Yves Rossier Secretary General: www.fdfa.admin.ch Evaluating global challenges, developing strategies, and identify­ Benno Bättig ing emerging tensions and trouble-spots – the Directorate of Poli­ As staff unit of the head of department, the General tical Affairs is where all of the information comes together to ena­ Secretariat coordinates business for parliament and the Federal ble Switzerland to safeguard its interests abroad. The Directorate of Council and is responsible for internal and external communica­ Political Affairs, headed by the State Secretary, handles day-to-day tion. It is responsible for the promotion of gender equality within foreign policy business and is the body to which the representations the FDFA. Financial monitoring and supervising management of abroad report. diplomatic and consular activities at Switzerland’s representa­ Five geographical divisions are responsible for bilateral relations tions abroad also form part of its tasks. with the states in their individual regions, and for coordination with Presence Switzerland, a unit which promotes a positive image the Federal Administration. A further division implements policy in of Switzerland abroad, is subordinate to the General Secretari­ the United Nations and other international organisations, and is re­ at. It organises events in conjunction with the Swiss representa­ sponsible for Switzerland’s policy as the host country to these orga­ tions and arrang­es visits by foreign delegations to Switzerland. It nisations. is responsible for the House of Switzerland at international sports The Human Security Division is concerned with promoting civil events and for Switzerland’s presence at international exhibi­ peace and strengthening human rights. It focuses on the security of tions: most recently, the Swiss pavilion at the 2015 World Expo in the individual and protecting people against political violence, war Milan. Presence­ Switzerland runs the www.houseofswitzerland.org and acts of arbitrary brutality. The Sectoral Foreign Policies Division and www.swissworld.org portals and is active in social media. ensures that Switzerland maintains a coherent position in the areas The Historical Service of the FDFA also falls under the General Secre­ of finance and economics, environment, transport, energy, health tariat. Its activities include recording the historical aspects of Swiss and education, and science and space exploration. The Security Po­ foreign policy. licy Division is concerned with international security, arms controls and disarmament.

State Secretariat State Secretary: Directorate of European Affairs DEA Yves Rossier Director: www.fdfa.admin.ch/dea/en/home.html The State Secretariat supports the head of department in Henri Gétaz the development and planning of foreign policy. The State Secre­ The Directorate of European Affairs DEA is the Swiss tary is able to represent the head of department both within the government’s centre of expertise for all issues relating to Euro­ government and externally. Responsibilities include maintaining, pean integration. The DEA tracks the political and economic coordinating and developing Switzerland’s bilateral relations aspects of European integration, coordinates Switzerland’s po­ with other states and the EU, cooperating with international or­ licy on Europe, and provides information on this area. It prepares ganisations such as the United Nations, and Swiss security, peace decisions and leads negotiations with the EU in collaboration and disarmament policy. He is supported in this role by the Direc­ with the specialist offices. At the same time it also observes and ana­ torate of Political Affairs, which he heads as Director. lyses developments in the EU and in European law, and their conse­ Reporting directly to the State Secretary is the Crisis Manage­ quences for Switzerland. ment Centre, which publishes travel advice with assessments of the security situation abroad and issues information about the

48 Head of Department: Didier Burkhalter

Federal Palace West Wing, 3003 Bern Federal Department 058 462 21 11 Head of Information: Jean-Marc Crevoisier of Foreign Affairs FDFA www.fdfa.admin.ch

Directorate of Public International Law DIL Swiss representations abroad Director: Valentin Zellweger Switzerland is represented at around 170 locations abroad with The Directorate of Public International Law DIL safe­ embassies, general consulates, cooperation offices and missions to guards the rights and interests of Switzerland that derive from international organisations, which safeguard diplomatic inter­ests, inter­national law. It ensures that Switzerland fulfils its obligations offer consular services, act as point of contact for visa applications and is pro-active around the world in promoting respect for and from foreign nationals and are active in international cooperation. further development of international law. In practical terms, this Many representations also host other bodies such as Swiss Business means negotiating, concluding and implementing international tre­ Hubs, swissnex, Switzerland Tourism and Pro Helvetia. Switzerland aties. The Directorate’s remit also involves handling assets held by also has a network of some 190 honorary representations, covering political dictators, the legal aspects of Swiss neutrality, human rights individual areas of responsibility. issues and the Geneva Conventions for the protection of victims of war. The Swiss Maritime Navigation Office, which is the regulatory authority governing maritime shipping under the Swiss flag, is at­ Swiss Agency for Development and Cooperation SDC tached to the DIL because it deals primarily with relations under in­ Director General: www.fdfa.admin.ch/sdc ternational law. Manuel Sager The Swiss Agency for Development and Cooperation SDC implements the Federal Council’s foreign policy strategy in the Consular Directorate CD areas of humanitarian aid, development cooperation in the south Director: and transitional aid in Eastern Europe. The SDC supports the victims Jürg Burri of crises and armed conflicts, and with the Swiss Humanit­ arian Aid The Consular Directorate CD is the central point of contact Unit SHA provides emergency and reconstruction aid following na­ for Swiss nationals abroad and ensures an optimum level of public tural disasters and armed conflicts. It cooperates multilaterally in service. It supports the representations abroad in their provision global programmes. of reliable and efficient consular services, providing the tools that Working alongside the State Secretariat for Economic Affairs SECO, are required for the job and coordinating and optimising coopera­ the SDC also administers what is known as the ‘enlargement contri­ tion with national and international partners, in particular with bution’ in new EU member states. It has a mandate from the Federal regard to visas. Council and parliament to support political and economic reform in When Swiss nationals abroad find themselves in difficulty and need Eastern Europe. help, the CD coordinates between the representations abroad, The SDC provides regular updates on its work and deployments to the relevant organisations and authorities and family members in emergency situations and disaster areas on its website, in a newslet­ Switzerland. The FDFA Helpline (+41 800 24 7 365) acts as central ter, in its ‘One World’ magazine and via social media. point of contact and handles enquiries round the clock. Travellers can register on the itineris online platform so that they can be contacted quickly in case of an emergency. The itineris app Directorate for Resources DR provides information on the security situation in various travel Director: destinations and the nearest Swiss representation (www.fdfa. Helene Budliger Artieda admin.ch/traveladvice). The Directorate for Resources DR manages the FDFA’s In addition, the CD is responsible for institutional relations with human, financial, logistical, IT, real estate, logistics services and Swiss nationals abroad. It answers questions relating to emigra­tion other resources as a centre of expertise and service provider. At and living abroad on its www.swissemigration.ch website. the same time it ensures that Switzerland’s network of represen­ tations abroad is run efficiently, providing all of the resources needed for smooth operation locally, and for communication and coordination with the head office in Bern. The department’s Legal Service also forms part of the DR, as does the Swiss Government Travel Centre, which is responsible for orga­ nising international business travel for the whole of the Federal Ad­ ministration.

49 Federal Department of Home Affairs FDHA Fair pay makes sense

On average, women in Switzerland earn a fifth less than their male colleagues, even though the Federal Constitution states that men and women have the right to equal pay for work of equal value. There is no coherent reason for a significant part of this difference. The Federal Office for Gender Equality (FOGE) seeks to improve the pay situation by seeking to raise awareness and by providing advice. Businesses are increasingly recognising that equal pay has become an important success factor on the labour market. Firms which can demonstrate that they treat men and women on their payroll equally are more appealing to highly qualified applicants. The FOGE provides firms with tools so that they can check their pay practices. The photo shows Patric Aeberhard from the FOGE talking with the head of human resources at a metal working company. He concludes that the company is on the right track.

Patric Aeberhard (in the fluorescent jacket on the left) works for the Federal Office for Gender Equality (FOGE) and is one of about 2600 federal employees at the Federal Department of Home Affairs (FDHA).

50 51 Federal Department of Home Affairs FDHA

General Secretariat GS-FDHA Swiss Federal Archives SFA Secretary General: www.edi.admin.ch Director: www.bar.admin.ch Lukas Bruhin Andreas Kellerhals The General Secretariat is responsible for planning, coor­ The SFA evaluates, safeguards, catalogues and raises pub­ dination and controlling; it acts as a hub between the federal of­- lic awareness of Confederation documents with archival value. fices and the head of department and provides advisory services for The full inventory extends over 50 kilometres and 16 terabytes the entire department. The Federal Supervisory Board for Founda­ and includes original documents such as the Federal Constitu­ tions, the Federal Commission against Racism, the Service for Com­ tion, deeds, photos, films, recordings and databases. bating Racism and the Bureau for the Equality of People with Disabi­ In a democratic constitutional state, the archiving of such records lities are affiliated to the Gener­ al Secretariat. is essential for continuity and transparency and it enables citizens to exercise democratic control over government and adminis­ trative activities and provides a basis for research. Federal Office for Gender Equality FOGE Director: www.gleichstellung-schweiz.ch Sylvie Durrer Federal Office of Meteorology The FOGE is responsible for legal and de facto gender and Climatology MeteoSwiss equality. It is particularly active in the areas of equal pay, work-life Director: www.meteoschweiz.ch balance and in the prevention of and the fight against domestic Peter Binder violence. It supports advice centres and projects to promote equal As the national weather and climate service, MeteoSwiss opportunities in the labour market. The Secretariat of the Federal provides weather and climate information, thereby making a sig­ Commission for Women’s Issues is affiliated to this office. nificant contribution to society, politics, economics and science. The surface observations system, weather radars, satellites, radio sounding and other instruments monitor the weather. In addition Federal Office of Culture FOC to monitoring the weather, to producing weather forecasts, and Director: www.bak.admin.ch to warning the authorities and the public in the event of severe Isabelle Chassot weather, MeteoSwiss also analyses climate data, which produces evi­ The FOC formulates the federal government’s cultural pol­ dence of climate change and extreme weather events and which icy. It promotes cultural life in all its diversity and creates the con­ serves as a basis for developing climate scenarios. ditions to ensure that it can continue to flourish. It promotes artis­ tic creation and supports cultural organisations and Switzerland’s various linguistic and cultural communities. It ensures the preser­ Federal Office of Public Health FOPH vation of historic buildings and monuments, areas of local char­ Director: www.bag.admin.ch acter and archaeological sites. The FOC is the contact point for Pascal Strupler queries regarding looted art and the transfer of cultural goods. The FOPH and the cantons are jointly responsible for pub­- The FOC manages a number of valuable collections, including the lic health and for developing a national health policy. This in­ federal art collection. cludes the upkeep and development of health and accident insur­ ance. The FOPH draws up legal requirements for consumers and ensures that these laws are observed. It is responsible for monitor­ Swiss National Library NL ing contagious diseases and for protecting the population­ against Director: www.nb.admin.ch radiation. The FOPH is responsible for national programmes and Marie-Christine Doffey awareness campaigns to promote healthy living. It regulates aca­ The Swiss National Library’s task is to collect, preserve, demic and postgraduate training for medical professionals and catalogue and provide access to all printed and electronic publica­ awards federal diplomas in these areas. The office is also in charge tions relating to Switzerland. In addition, the NL houses a series of legislation for and the monitoring of biological security, research of special collections, the most important being the Swiss Liter­ on humans and transplantation medicine. The FOPH is working with ary Archive and the Graphic Collection. The Dürrenmatt Centre in partners on behalf of the Federal Council to implement the ‘Health Neuchâtel is also part of the Swiss National Library. 2020’ strategy in order to optimally adapt the Swiss healthcare sys­ tem to future challenges. The FOPH represents Switzerland’s inte­ rests in the field of health in international organisations and towards other countries.

52 Head of Department: Alain Berset

Inselgasse 1, 3003 Bern Federal Department 058 462 80 41 Information officer: Nicole Lamon of Home Affairs FDHA www.edi.admin.ch

Federal Food Safety and Veterinary Office FSVO Swiss Agency for Therapeutic Products Swissmedic Director: www.blv.admin.ch Director: www.swissmedic.ch Hans Wyss Jürg H. Schnetzer The FSVO is the federal competence centre for food safe­ Swissmedic is the agency responsible for authorising and ty, nutrition, animal health and animal welfare. It prepares the overseeing all therapeutic products. It ensures that only high necessary legislation, and supports the consistent implementa­tion qual ity­ , safe and effective medicinal products are on the market in of the law in the cantons. It supervises imports of animals and ani­ Switzerland, thereby making an important contribution to human mal products, and acts as the enforcement authority for the Con­ and animal health. The institute works with partner agencies on a vention on International Trade in Endangered Species of Wild Fauna national and international level. and Flora (CITES). The FSVO takes decisions to protect the Swiss population from food­ stuffs and utility articles which could pose a risk to health or mislead Swiss National Museum SNM consumers. It also conducts applied research and supports research Director: www.nationalmuseum.ch projects in its area of activity. It is responsible for identifying and Andreas Spillmann assessing health risks to humans and animals. The Institute of Viro­ Three museums – the National Museum in Zurich, the logy and Immunology (IVI) is affiliated to the FSVO. The IVI is the Château de Prangins and the Forum of Swiss History in Schwyz, as Swiss reference laboratory for the diagnosis, monitoring and control well as the collections centre in Affoltern am Albis – are united un­ of highly infectious animal diseases and accreditation body for vac­ der the umbrella of the Swiss National Museum (SNM). The per­ cines and serums for animals. manent exhibitions at the museums present Swiss cultural history from its beginnings to the present, and give an insight into Swiss identity and the rich tapestry of our country’s history and culture. Federal Statistical Office FSO Temporary exhibitions also provide a link to the current topics of Director: www.statistik.admin.ch interest from a societal, social, economic or historical perspective. Georges-Simon Ulrich With more than 840 000 items, the SNM has the largest collection Through transparency, statistics help create a common ba­ of items documenting the culture and handicrafts of Switzerland. sis for social and political discourse. As part of its mandate, the FSO takes account of the priority policy areas and illustrates the nation’s collective memory in the form of the developments of Swiss Arts Council Pro Helvetia society in the economy, the population, health, spatial planning Director: www.prohelvetia.ch and the environment. As the national competence centre for pub­ Andrew Holland lic statistics, the FSO fosters national and international compara­ Pro Helvetia promotes artistic activity in Switzerland, pro­ bility. It guarantees public access to reliable data. motes Swiss art and culture abroad, encourages cultural exchange and helps make the arts more accessible to the public. It focuses on promoting projects which are of national and international Federal Social Insurance Office FSIO importance, and young artists. Pro Helvetia is a public foundation. It Director: www.bsv.admin.ch complements support for the arts at cantonal and local level. It ma­ Jürg Brechbühl kes funding decisions independently. Switzerland has an effective and solid social insurance system. This needs to be maintained in the future, even under difficult economic conditions, since it is an important element in upholding peace. The FSIO is responsible for Old Age and Survi­ vors’ Insurance (OASI), Invalidity Insurance (IV), supplementary benefits, occupational pension funds, compensation for loss of earnings for people doing military service and women on mater­ nity leave, and family allowances. It ensures that these elements of the social insurance system within its remit are properly ad­ ministered and adapted in line with new challenges, such as the current reform project ‘Retirement provision 2020’. In addition, it is responsible for dealing with issues relating to family, children, youth and old-age, generational relationships and for general so­ cio-political issues. The FSIO oversees the work of the implement­ ing bodies and, in some areas, such as start-up funding for child day-care services, is itself the implementing body.

53 Federal Department of Justice and Police FDJP Taking care of parks in Chiasso

Once a week a team in overalls arrives at this park above Chiasso: they empty the bins at the picnic spot, cut the grass and collect the rubbish. The five Eritrean asylum seekers from the federally run centre in Chiasso are working here voluntarily. They are accompanied by Jimmy Ferro from the State Secretariat for Migration SEM. The reception and processing centre in Chiasso was the first to allow asylum seekers to perform voluntary work as part of a pilot project. Now such schemes are set out in law and offered by all reception and processing centres. The concept has proven to be a success: the local council says what needs doing and pays a part of the costs. The reception and processing centre then ensures that the work is done. For the asylum seekers the work adds structure to their day and allows them to do something worthwhile. The local communities around Chiasso also benefit as the asylum seekers perform the equivalent of around 5000 working days a year.

Jimmy Ferro works at the Chiasso reception and processing centre of the State Secretariat for Migration SEM and is one of around 3100 federal employees at the Federal Department of Justice and Police (FDJP).

54 55 Federal Department of Justice and Police FDJP

General Secretariat GS-FDJP The Federal Office of Justice represents Switzerland at internation­ Secretary General: Head of ISC: www.ejpd.admin.ch al level at the Strasbourg human rights bodies and in many other Matthias Ramsauer Christian Baumann organisations and is the central authority dealing with interna­ The General Secretariat supports and advises the head of tional child abductions and adoptions. The Office collabor­ates department in her daily work and ensures that the different sec­ with foreign authorities in the spheres of legal assistance and tions of the department cooperate smoothly. It coordinates busi­ extraditions. ness for parliament and the Federal Council; it informs the public of the FDJP’s activities and manages human resources and finan­ ces for the whole department. Federal Office of Police fedpol The Information Technology Service Centre ISC-FDJP also forms part Director: www.fedpol.admin.ch of the FDJP. It develops and manages IT applications, such as search Nicoletta della Valle systems or the register of criminal records, for the jus­tice, police and Fedpol employees carry out a range of tasks to protect the migration authorities throughout Switzerland. Post and telecommu­ population and the state. On behalf of the Office of the Attorney nications surveillance services also come under the administration General, they investigate several hundred cases of serious crimes of the ISC-FDJP. a year at federal level. These crimes include terrorism, organised crime and money laundering. Fedpol also supports the cantonal prosecuting authorities in various fields, such as the fight against State Secretariat for Migration SEM human trafficking and smuggling or internet child pornography. State Secretary: www.bfm.admin.ch Fedpol also ensures the protection of federal authorities and Mario Gattiker buildings­ and of persons and buildings requiring protection under Migration has been an aspect of human life since time im­ international law. Fedpol is also responsible for Swiss passports memorial – over the centuries people have always crossed borders and ID cards and acts as an intermediary between the authorities when political,­ social or economic circumstances have made it nec­- and Swiss nationals. Fedpol provides central police services throug­ essary. People come to Switzerland in search of work, training, hout Switzerland for national and international partners, such as protection or for the sake of family or love. The State Secretariat database operations to search for persons or property and to iden­ for Migration SEM decides under what conditions a person can enter tify persons and leads. To strengthen the fight against cross-border Switzerland and live and work in the country. It also de­cides who will crime, fedpol concludes policing agreements with individual coun­ be given protection from persecution in Switzerland. In conjunction tries. with the cantons it organises accommodation for asylum seek­ers and the repatriation of those who do not need Switzerland’s protection. The SEM also coordinates federal, cantonal and communal integra­ Federal Gaming Board FGB tion measures and is responsible for natu­ ralisation at federal level. Director: www.esbk.admin.ch Swiss immigration policy is currently focussing on developing a new Jean-Marie Jordan model for immigration and restructuring the asylum system. The FGB is the supervisory authority for the 21 casinos in Switzerland. It ensures that casinos offer all their patrons a fair and enjoyable game. It also ensures that casinos fulfil their duty of Federal Office of Justice FOJ care and comply with legal provisions to fight money laundering Director: www.bj.admin.ch and to prevent compulsive gambling. It investigates illegal gam­ Martin Dumermuth bling activities which do not fall under the Lotteries Act (and are The Federal Office of Justice drafts legislation on civil law, therefore the responsibility of the cantons). The FGB levies the criminal law, debt collection and bankruptcy law, international gaming tax and channels the majority of the revenue into the Old private law and public and administrative law. The office also ad­ Age and Survivors compensation fund. vises the other agencies of the Federal Administration on all leg­ islative matters. It is responsible for keeping the register of con­ victions, the supervision of the commercial register, the register of births, marriages and deaths, the land registry, debt collection and bankruptcy and the execution of sentences and measures. It provides building subsidies for the costs incurred by the cantons for establishments required in the penal system. Operational cost subsidies for youth welfare residential units also help to ensure the quality of the educational work.

56 Head of Department: Simonetta Sommaruga

Federal Palace West Wing, 3003 Bern Federal Department 058 462 18 18 Information officer: Guido Balmer of Justice and Police FDJP www.ejpd.admin.ch

Swiss Institute for Comparative Law SICL Federal Audit Oversight Authority FAOA Director: www.isdc.ch Director: www.revisionsaufsichtsbehoerde.ch Christina Schmid Frank Schneider ‘Other countries, other customs’ is a German saying which The FAOA ensures that auditing services in Switzerland is particularly pertinent in Switzerland, a small nation with a wide are conducted correctly. To this end, the Oversight Authority network of relations with foreign countries. ‘Other customs’, i. e. oper ­ates a licensing office and maintains a public register with foreign law, can be of relevance in mixed nationality families or the names of natural persons and legal entities that provide au­ economic relations. But how does one find out about a certain law diting services required by law. In addition, the Oversight Author­ in Kazakhstan or a judicial decision in Mongolia? The Swiss In­ ity supervises auditing companies which provide auditing ser­ stitute for Comparative Law SICL provides information on foreign vices for public companies. It cooperates closely with other official legal systems to the courts, authorities and lawyers. In order for oversight authorities, stock exchanges, law enforcement agencies, Switzerland to benefit from experience gained in other countries, civil courts and supreme audit institutions abroad. the SICL also conducts studies in comparative law during legisla­ tive projects. Federal Institute of Intellectual Property IIP Director: www.ige.ch Federal Arbitration Commission for the Exploitation Roland Grossenbacher of Copyrights and Related Rights Creative minds can register their inventions and crea­ President: www.eschk.admin.ch tions with the Institute to protect them from being copied: new Armin Knecht technical inventions can be patented, names can be trademarked Anyone who copies, sends or reproduces music outside of and shapes or forms protected. The IIP provides information on­ the private sphere must pay a royalty to the author. This obliga­ line and over the phone for all those interested and gives support tion also applies to literary or audiovisual works. Compensation for patent search. The Institute also advises the federal author­-­ities is not only paid to the artists, but also to anyone who exhibits or on matters relating to intellectual property and represents Switzer­ sells such work to the public. All these types of compensation are land in this field abroad and in international organisations. agreed between the Swiss collecting companies and the associa­ tions of users concerned and established in tariffs. The task of the Arbitration Commission is to examine and approve these tariffs. Federal Institute of Metrology METAS Director: www.metas.ch National Commission for the Prevention Christian Bock of Torture NCPT Swiss products and services are characterised by accuracy, President: www.nkvf.admin.ch quality and reliability. This requires precise and accurate meas­ Jean-Pierre Restellini urements and testing. METAS is at the forefront of measurement Switzerland has ratified the UN’s Optional Protocol to accuracy; it is the place ‘where Switzerland is at its most accurate’. the Convention against Torture. By making regular visits to penal Through its work and the services it provides, METAS ensures that in s­titutions, the 12-person Commission helps to prevent the Switzerland is able to measure and test as accurately as required practice of torture and inhumane or humiliating treatment. It also by business, research and administration. METAS also prepares ensures that the fundamental rights of persons who are forcibly the legal framework for metrology and together with the cantons repatriated by air are observed. supervises the use of measuring instruments on the market as well as those which are used for public safety and for monitoring the environment. Federal Commission on Migration FCM President: www.ekm.admin.ch Walter Leimgruber As an extra-parliamentary commission, the FCM advises the Federal Council and the federal administration on migration issues, draws up advisory opinions and recommendations and publishes reports. The Commission is made up of 30 members, around half of whom have personal experience of migration.

57 Federal Department of Defence, Civil Protection and Sport DDPS The whole world at a glance

The situation in Switzerland is comparatively quiet and stable. That is the conclusion of the Federal Intelligence Service’s (FIS) 2014 situation report. However, the FIS must permanently keep abreast of interna­ tional developments and assess their impact on Switzerland; in order to be able to respond appropriately, the federal government and the Swiss authorities rely on the fact that potential threats and risks will be identified in good time. That is the task of the Situation Centre. Its head, Martin Schütz, is standing in the doorway of his office. This is where all the threads come together. On large screens, the centre’s staff monitor international media sources and process additional information procured using intelligence methods. Once compiled and condensed, this gives a continually updated picture of the security situation in Switzerland, which helps to keep our country on track.

Martin Schütz is head of the Situation Centre at the Federal Intelligence Service and one of 12 200 federal employees at the Federal Department of Defence, Civil Protection and Sport (DDPS).

58 59 Federal Department of Defence, Civil Protection and Sport DDPS

General Secretariat GS-DDPS The militia officers and professional soldiers are educated and Secretary General: www.vbs.admin.ch trained at the Armed Forces College. The Logistics Organisation Brigitte Rindlisbacher ensures the supply and return of arms, equipment and food, main­ The head of the DDPS has a very wide range of responsi­ tenance and infrastructure, medical services and the transport bilities and is supported in his daily work by the General Secretar­ troops. The Command Support Organisation provides all neces­ iat, a team of specialists from very varied fields that also plans sary electronic support services. for the medium and long term. The GS manages, coordinates and monitors the use of department funds in the areas of personnel, finances, legal affairs, IT, spatial planning and environment. It is Civil Protection also responsible for security policy strategy, communication, the Director: www.bevoelkerungsschutz.ch Am Guisanplatz Library, translation services, the DDPS Damage Benno Bühlmann Compensation Centre and Information Security and Facility Pro­ The P in DDPS stands for civil protection. Civil protection tection ISFP. is an integrated system to provide crisis management, protection, rescue and assistance. In the event of disasters and emergencies it ensures the cooperation of the five partner organisations: the Office of the Armed Forces Attorney General police and fire services, the health service, technical operations Armed Forces Attorney General: www.oa.admin.ch and civil defence. A joint management body is responsible for co­ Brigadier Dieter Weber ordinating and managing operations. The Office of the Armed Forces Attorney General AFAG Responsibility for civil protection lies mainly with the cantons. The ensures that the military courts can fulfil their task independently federal government, in particular the Federal Office for Civil Protec­ of armed forces command and of the administration. The Armed tion FOCP, takes care of the general planning and coordination of Forces Attorney General is the head of the military justice sys­ protection against nuclear, biological and chemical threats, early tem and highest military prosecutor. He instigates and monitors warning and alerting systems and other emergency procedures, criminal proceedings in the military courts and fulfils all other pro­ training and protective infrastructure. The federal government is cedural obligations and duties assigned to him by the legislature. responsible in particular for issuing instructions in the event of in­ creased radioactivity, emergencies relating to dams, epidemics and livestock epidemics and armed conflict. Defence Within the FOCP there are two services with special tasks. The Chief of the Armed Forces: www.armee.ch National Emergency Operations Centre in Zurich is responsible for Lieutenant General André Blattmann warning and alerting the authorities and emergency services. In The second D in DDPS stands for Defence, the backbone of the event of incidents involving elevated levels of radioactivity, it the Swiss armed forces in planning, leadership and management. warns the general public and, if necessary, orders protection meas­ Defence is the largest sector in the department and is headed by ures to be applied. The National Emergency Operations Centre the Chief of the Armed Forces, who holds the rank of lieutenant is a key element in the work of the National Crisis Management general (three-star general). The Defence sector consists of the Board and provides the latter with the information it needs to form Armed Forces Planning Staff and the Armed Forces Joint Staff, its decisions. The Spiez Laboratory is Switzerland’s institute for NBC the Land Forces and the Air Force, the Armed Forces College, the protection. Its services are often called on by the UN and other in­ Armed Forces Logistics Organisation and the Armed Forces Com­ ternational organisations. mand Support Organisation. The Armed Forces Joint Staff is responsible for implementing pol­ itical guidelines and directives on a military strategy level. It is also in charge of development, planning, resource allocation and steering in the armed forces, and ensures the required level of readiness of the forces and operations, whether for the security for the Annual Meeting of the World Economic Forum in Davos, peace support in the Balkans (e.g. by Swisscoy in Kosovo) or dis­ aster relief for avalanches, flooding or forest fires in Switzerland or abroad. The Commanders of the Land Forces and the Air Force, also lieu­ tenant generals, bear overall responsibility for training the Land Forces and the Air Force and for preparing ground and air units for action.

60 Head of Department: Ueli Maurer

Federal Palace East Wing, 3003 Bern Federal Department of Defence, 058 464 50 58 Information officer: Peter Minder Civil Protection and Sport DDPS www.vbs.admin.ch

Sport Federal Intelligence Service FIS Director: www.baspo.ch Director: www.ndb.admin.ch Matthias Remund Markus Seiler The S in DDPS stands for Sport. The Federal Office of The Federal Intelligence Service has the legal mandat­ e to Sport FOSPO promotes sports and physical activity for the whole conduct global evaluations of threats to Switzerland, thus con­ population. Its activities focus on the positive effects of sport and tributing directly to the protection of the country with its oper­ movement: health, education, performance and the economy. ative and preventative services. To this end it obtains, analyses FOSPO devises and develops national sports policy and imple­ and evaluates intelligence before passing on its findings and as­ ments the resulting tasks. FOSPO’s most important programme is sessments with the aim of providing a situation analysis suitable Youth+Sport, in which around 550 000 young people take part for decision-makers at all levels. Particular emphasis is placed on each year in 75 different disciplines. The Swiss Federal Institute of the early recognition of threats and risks, but also on identifying Sports in Magglingen (Bern) is one of the most important training opportunities for Swiss interests. The FIS deals with topics such as facilities in Swiss sport. Its core competencies include teaching, terrorism, proliferation, violent extremism and illicit intelligence research and development as well as services in the fields of sport gathering, but also with regional security developments, includ­ and sport science. ing their military aspects. The Service is supported by a broad net­ In Magglingen and Tenero (Ticino) FOSPO runs state-of-the-art edu­ work of domestic and foreign partners. It is supervised by various cation, training and course centres which are open to universities, bodies of the administration and by parliament. associations, clubs and schools.

Federal Office of Topography* swisstopo armasuisse Director: www.swisstopo.ch Fridolin Wicki Chief of Defence Procurement: www.armasuisse.ch Vacant As Switzerland’s geoinformation centre, the Federal Office armasuisse is the DDPS competence centre for procure­ of Topography (swisstopo) is responsible for ‘measuring’ Switzer­ ment, technology and real estate. It ensures that the armed forces, land. It gathers and manages geodata and makes it available­ to a other federal offices and third parties are supplied with the sys­ variety of audiences. swisstopo conducts surveys of Switzerland tems, vehicles, equipment and properties that they require. ar­ and documents landscapes both above and below ground. Thanks masuisse is one of four federal government procurement centres. to their quality and precision, swisstopo’s maps are held in high The organisation’s civilian employees procure everything from regard both at home and abroad. Further important products in­ chocolate to multi-purpose helicopters and tankers. They are also clude topographical and landscape models, aerial photos, ortho­ responsible for planning, supervising and managing a wide vari­ images, geological data and online maps and applications for com­- ety of real estate projects. armasuisse covers the following areas puters, tablets and smartphones, first and foremost the federal of competence: command and reconnaissance systems (e. g. pro­ government’s geoportal, map.geo.admin.ch. curement of radio and communication technology), land systems The legal basis for its work is provided by the Geoinformation (e. g. procurement of vehicles, arms and ammunition), air systems Act. In addition to its core products swisstopo coordinates geo­ (e. g. procurement of planes and helicopters), purchasing and co­ information and geology activities at federal level and runs the operation (e. g. procurement of personal equipment), science and In s­ titute for Military Geography. swisstopo is the supervisory body technology (e. g. procurement of sensor technology and munition for official cadastral surveying and the cadastre of public law restric­ control), resources and support (e. g. finances, enterprise deve­l­- tions on land ownership (PLR Cadastre) and coordinates the harmo­ opment) and real estate (sustainable management of approx. nisation of Swiss geodata in cooperation with the cantons, the com­ 14 000 properties, sites and 24 000 hectares of land belonging to munes and the private sector. the DDPS). As armasuisse is responsible for arms, equipment and real estate during their entire life cycle, it is also responsible for * Subject to the corresponding Federal Council decision of spring 2015 their liquidation at the end of their useful life.

61 Federal Department of Finance FDF Language bridges for Switzerland

Nicoletta Mariolini, from Ticino, stands on the banks of the Sarine in Fribourg. The river marks the border between German- and French- speaking Switzerland. The two sides have been linked for many centuries by the ‘Bernbrücke’, a bridge which could be seen to symbol- ise Nicoletta’s work. Her job as federal delegate for multilingualism is to promote understanding among the language groups. The law states that any citizen can communicate with the federal authorities and receive a reply in one of the national languages, German, French, Italian or Romansh. This means that federal employees should ideally master several languages. For this reason, the Federal Council revised the Languages Ordinance in 2014 with the aim of increasing the represen- tation of minority languages in the federal administration and of encouraging federal employees to improve their language skills by providing easier access to language courses.

Nicoletta Mariolini is the federal delegate for multilingualism and one of around 9200 federal employees at the Federal Department of Finance (FDF).

62 63 Federal Department of Finance FDF

General Secretariat GS-FDF the Confederation which deals with old age and invalidity insur­ Secretary General: www.efd.admin.ch ance (AHV, IV) and compensation for loss of earnings. Swissmint Jörg Gasser produces the country’s coinage. As an administrative unit, the FDF General Secretariat supports the head of department in her day-to-day work. This includes planning, coordinating and checking all FDF items of Federal Office of Personnel FOPER business. The FDF General Secretariat is best described as the Director: www.epa.admin.ch interface between the various service providers and the head of Barbara Schaerer department. The employees make legal enquiries, put together Around 38 000 people work in the Federal Administra­ dossiers, provide information to the public, translate and publish tion, which offers interesting and innovative working conditions. documents. The Resources Division of the GS-FDF ensures the As an attractive employer, the Federal Administration contributes proper implementation of the necessary measures concerning to the country’s strong standing in the international competition personnel, finances, ICT, security and departmental projects. among locations for work. FOPER ensures that the Federal Admin­ The federal delegate for multilingualism is also part of the Gen­eral istration remains a competitive employer and can continue to Secretariat. attract and retain the best people for the job.

State Secretariat for International Financial Matters SIF Federal Tax Administration FTA State Secretary: www.sif.admin.ch Director: www.estv.admin.ch Jacques de Watteville Adrian Hug The State Secretariat for International Financial Matters The FTA will celebrate its 100th anniversary in 2015. The (SIF) defends Switzerland’s interests in international financial, FTA raises a major part of the Confederation’s receipts and so en­ monetary and tax matters and represents the country in dealings sures that the Confederation can fulfil its public duties. It is re­ with partner countries, as well as in influential bodies such as the sponsible for VAT, direct federal tax, withholding tax and stamp OECD, the Financial Stability Board, the International Monetary duty. The FTA also provides international administrative assis­ Fund and G20 working groups. SIF draws up the national regula­ tance in tax matters. Within Switzerland, it prepares legislative tory framework to ensure that Switzerland can be a secure, com­ amendments to tax law and contributes to a healthy tax environ­ petitive and globally recognised financial centre and location for ment. In performing its tasks for taxpayers and the cantonal tax business. It is responsible for implementing the financial market authorities, it is committed to efficiency, expertise and partner­ policy of the Federal Council and conducts negotiations on mat­ ship. ters such as the automatic exchange of information on tax issues with the EU and other major partners. SIF is also engaged in global efforts to fight money laundering and the financing of terrorism. Federal Customs Administration FCA Director: www.ezv.admin.ch Rudolf Dietrich Federal Finance Administration FFA The FCA controls who and what enters Switzerland at and Director: www.efv.admin.ch behind the country’s borders. The Border Guard (BG) is the uni­ Serge Gaillard formed and armed section of the FCA and is the largest national ‘Do not spend more than you earn’: in 2001 the electorate civilian security organisation. Aside from carrying out customs signalled to the Federal Council and parliament that they should tasks, the BG’s tasks include tracing persons, vehicles and stolen not run up any further debt. The debt brake therefore requires ex­ property. It fights cross-border crime, professional smuggling and penditure to rise at a lower rate than receipts over the economic illegal migration. cycle. The FFA has to comply with this requirement when it draws The customs branch of the FCA is responsible for merchandise. In up the budget for the coming year. The FFA also draws up a finan­ addition to collecting taxes, it is also concerned with protecting cial plan for the three following years to give political players suf­ public health by inspecting goods and foodstuffs. It is also respon­ ficient time to make the appropriate changes and decide whether sible for protecting endangered species and cultural goods along projects need to be halted, or if new sources of revenue need to with many other tasks, including aspects relating to free trade be sought. The FFA’s transparent accounting ensures that parlia­ agreements. ment and the people can see how their taxes are being spent. The FFA also oversees the legal framework of the monetary system. Attached to the FFA are the Central Compensation Office (CCO) and Swissmint, the federal mint. The CCO is the executive body of

64 Head of Department: Eveline Widmer-Schlumpf

Bernerhof, 3003 Bern Federal Department 058 462 60 33 Information officer: Brigitte Hauser-Süess of Finance FDF www.efd.admin.ch

Federal Office of Information Technology, Systems Swiss Financial Market Supervisory Authority FINMA and Telecommunication FOITT Director: www.finma.ch Mark Branson Director: www.bit.admin.ch Giovanni Conti Switzerland is one of the world’s leading financial cen­ People increasingly expect to be able to contact the admin­ tres. The financial sector is therefore extremely important for istration via computer or the internet when they need to order a the country’s economy. The Swiss Financial Market Supervisor­ y new passport or file tax returns. The FOITT plays a major role in Authority (FINMA) supervises the main players and areas of providing an electronic link between the Confederation and the Switzerland’s financial centre, i. e. banks, insurance companies, public, whether in terms of access to information and services via stock exchanges, funds requiring authorisation, thereby pro­ the internet, or linking checkpoints at airports and borders with tecting both financial market clients and the financial markets’ administrative units in Bern. The FOITT provides the federal of­fi ces ability to function. It therefore seeks to strengthen the financial with modern, uniform workplace systems and enables efficient centre’s reputation and competitiveness. access to the central information repositories and applications.

Swiss Federal Audit Office SFAO Federal Office for Buildings and Logistics FOBL Director: www.efk.admin.ch Michel Huissoud Director: www.bbl.admin.ch Gustave E. Marchand The SFAO is the Confederation’s supreme audit institu­ The FOBL builds, maintains and manages the federal tion. It is an independent institution and supports the Federal government’s civilian properties, whether it’s the Federal Palace, Assembly and the Federal Council in the oversight of the Federal administrative buildings or Swiss embassies around the world. It Administration and the federal courts. The SFAO’s audits help en­ attaches great importance to sustainable construction methods sure the orderly, legal and efficient operation of the administra­ in the case of both new builds and renovations. In addition, the tion and the courts. FOBL manages the procurement controlling process at federal level, focusing on compliance and sustainability. As the central procurement office, it bulk buys IT resources, office equipment, Swiss Alcohol Board SAB publications and printed materials for the entire Federal Adminis­ Director: www.eav.admin.ch tration. In addition, it personalises biometric identity documents. Fritz Etter The SAB regulates the spirits market by means of taxes and restrictions on trading and advertising. Alcosuisse, the SAB’s pro­ Federal IT Steering Unit FITSU f ­it centre, supplies ethanol to the Swiss economy. As part of the Delegate: www.isb.admin.ch total revision of the Alcohol Act, the ethanol and spirits market Peter Fischer is to be liberalised and the taxation and monitoring system will The use of information and communication technologies be revised. The aim is to create a coherent alcohol policy under (ICT) should provide optimal support for the activities of the Ad­ which uniform provisions exist for the trade in all alcoholic bever­ ministration and be as cost efficient and secure as possible. These ages, particularly taking into account the protection of minors. objectives are anchored in the Federal Council’s IT strategy. The FITSU is responsible for seeing that the strategy is applied. For this purpose, it issues guidelines for the administrative units and Federal Pension Fund PUBLICA centrally manages the ICT standard services such as office auto­ Director: www.publica.ch mation or telephony. The FITSU also coordinates cooperation Dieter Stohler between the Confederation, cantons and communes in the field of Together with the old age and survivors’ insurance, the e-government, and manages the Reporting and Analysis Centre for occupational pension (pension fund) should allow people to main­ Information Assurance to protect ICT in Switzerland’s critical infra­ tain their accustomed standard of living once they retire. As a structure. non-profit collective occupational pension, PUBLICA manages assets totalling around CHF 37 billion exclusively in the interests of its policyholders (currently 62 000) and pension recipients (currently 43 000). PUBLICA is one of the largest pension funds in Switzerland; it currently has 21 affiliated pension schemes with around 80 employer institutions. PUBLICA’s investment strategy is committed to one hundred per cent cost transparency.

65 Federal Department of Economic Affairs, Education and Research EAER Housing adapted for old age

People in Switzerland are living ever longer. Predictions show that by 2020, one in five people will be over the age of 65. In order to meet this challenge there is a need for suitable housing: people should be able to live in familiar surroundings, receive additional care in suitably adapted accommodation, free of obstacles such as stairs and sills, and at an affordable price. This is where the Federal Office for Housing (FOH) comes in. It supports public utility housing projects by providing advice and financial assistance. In the picture, Felix Walder from the FOH is sitting with a retired couple and the president of the Kriechenwil (BE) retirement home cooperative, which benefitted from FOH support.

Felix Walder (on the right) is Deputy Director of the Federal Office for Housing (FOH) and one of 2400 federal employees at the Federal Department of Economic Affairs, Education and Research (EAER).

66 67 Federal Department of Economic Affairs, Education and Research EAER

General Secretariat GS-EAER State Secretariat for Education, Research Secretary General: www.wbf.admin.ch and Innovation SERI Stefan Brupbacher State Secretary: www.sbfi.admin.ch The General Secretariat is the staff and coordination of­ Mauro Dell’Ambrogio fice of the department and supports and advises the head of de­ Education, research and innovation are essential for partment in his daily work. Its brief also involves planning, co­ Switzerland’s economic and social development. SERI focuses on ordinating and monitoring the department’s activities and it is these three areas. It is responsible for national and international responsible for overseeing the results and assessing the effects of questions relating to vocational education and training, general its decisions. The General Secretariat provides human resources, education, universities, research, innovation and aerospace. Im­ finance and logistics, IT and accounting and translation services portant education dossiers include preparing and recognising the for the whole department. For administrative purposes the Fed­ legal basis in the area of vocational and professional education eral Consumer Affairs Bureau FCAB and the Central Office for and training, which SERI prepares together with the cantons and Civilian Service ZIVI report to the General Secretariat. The FCAB the business community, recognising the cantonal baccalaureate is the federal government’s central office for economic policy re­ and organising the Swiss baccalaureate examination. SERI’s key lated concerns on the part of consumers. It is also responsible for tasks also include the promotion of universities and universities of ensuring the declaration of origin of wood and wood products applied sciences as well as preparing and assessing implementa­ and together with SECO runs a product safety information and tion of the federal government’s performance mandate in the reporting office. In Switzerland, young men who object to doing ETH Domain. SERI invests in the quality of Switzerland as a location military service on grounds of conscience may perform civilian for expertise and know-how with resources for the Swiss National service instead. ZIVI, which has regional centres in six locations Science Foundation, academies, non-university research institu­ throughout Switzerland, ensures that there are enough civilian tions, Switzerland’s memberships in international research organi­ service positions available and prepares those performing civilian sations and cooperation in international scientific programmes. service for deployment at its training centre.

State Secretariat for Economic Affairs SECO Federal Office for Agriculture FOAG State Secretary: www.seco.admin.ch Director: www.blw.admin.ch Marie-Gabrielle Ineichen-Fleisch Bernard Lehmann SECO is responsible for all core issues concerning economic­ Switzerland has 1 049 924 hectares of farmland, 1 557 474 policy, and deals with a broad range of issues including econom­ head of cattle in its pastures and 158 919 people employed in the ic forecasts, the labour market and world trade. SECO’s aim is to agricultural sector. Each year, the federal government provides promote sustainable economic growth by creating a favourable agriculture with financial support of around CHF 3.7 billion. The economic framework. FOAG works to ensure that the country’s farmers produce high Employers and employees should be able to benefit from growth- quality foodstuffs in a way that is both sustainable and market- oriented policies, the removal of trade barriers and a reduction in oriented. Its aim is to have a multifunctional farming system that Switzerland’s excessively high prices. SECO supports the region­ally contributes to meeting the food needs of the population, main­ and structurally balanced development of the economy and ensures taining the basic necessities of life, as well as the settlement of the protection of employees. With its labour market policy it contri­ rural areas. A socially acceptable balance must be sought between butes to preventing and tackling unemployment and consequently developments in domestic policy and the need to respond to chang­ to upholding social peace. SECO also helps to ensure access to all ing external factors. The FOAG deals with the development of rural markets for Swiss goods and services and investment. In terms of areas and promotes agricultural research at its Agroscope research foreign economic policy, it is active in the formulation of efficient, stations. fair and transparent rules for the world economy. It is active in eco­ nomic development cooperation in order to alleviate poverty. The Swiss Accreditation Service SAS is affiliated to SECO and is Federal Office for National Economic Supply FONES responsible for the appraisal and accreditation of public and pri­ Delegate: www.bwl.admin.ch vate inspection and conformity assessment bodies (laboratories, Gisèle Girgis-Musy inspection and accreditation agencies) in accordance with inter­ Switzerland sources virtually 100 per cent of its raw ma­ national standards. terials, 80 per cent of its energy, 40 per cent of its food, and a large proportion of essential therapeutic products from abroad. All kinds of incidents, from technical disruptions to political ten­ sions in the source countries, can interrupt the flow of vital goods to Switzerland. In its capacity as centre of expertise in matters re­

68 Head of Department: Johann N. Schneider-Ammann

Schwanengasse 2, 3003 Bern Federal Department of Economic Affairs, 058 462 20 07 Information officer: Noé Blancpain Education and Research EAER www.wbf.admin.ch

garding security of supply, the FONES, in close collaboration with Federal Institutes of Technology Group ETH Domain the private sector, ensures that short-term supply shortages do President of the ETH Board: www.ethrat.ch not result in significant disruption for the population and econ­ Fritz Schiesser omy. It ensures, for example, that in the event of transport prob­ The ETH Domain strives for academic excellence through lems sufficient cargo space is available or that the lights stay on its 19 000-strong staff, more than 28 000 undergraduate and post­ even if there is a shortage of power. graduate students and about 800 professors. It enjoys a consid­ erable standing both within Switzerland and abroad. The ETH Domain consists of the two Federal Institutes of Technology, ETH Federal Office for Housing FOH Zurich (ETHZ) and EPF Lausanne (EPFL), and four further re­ Director: www.bwo.admin.ch search institutes, the Paul Scherrer Institute (PSI), the Swiss Fed­ Ernst Hauri eral Institute for Forest, Snow and Landscape Research (WSL), Housing is a basic need, but houses and apartments are the Swiss Federal Laboratory for Materials Testing and Research also important economic assets. Each year around CHF 29 bil­ (Empa) and the Swiss Federal Institute of Aquatic Science and lion is invested in housing construction. Living costs are the Technology (Eawag). The ETH Board is the strategic manage­ greatest items of expenditure for households. Tenants pay some ment and supervisory body of the ETH Domain. It supervises de­ CHF 33 billion a year in rent and around CHF 19 billion is paid by v­elopment plans, carries out control activities and ensures good homeowners to creditors in mortgage interest payments. The FOH coordination with its partners. It is an appointing authority and works closely with property developers to ensure that there is an represents the ETH Domain in dealings with the authorities of the adequate supply of affordable housing and that changing needs Confederation. are taken into account. The FOH also seeks to reconcile the inter­ ests of landlords and tenants in the area of tenancy law. Swiss Federal Institute for Vocational Education and Training SFIVET Director: www.ehb-schweiz.ch Cornelia Oertle VET think-tank: the Swiss Federal Institute for Vocational Education and Training SFIVET, which has offices in Lausanne, Office of the Price Supervisor Lugano, Zollikofen und Zurich, is the federal centre of expertise Price supervisor: www.preisueberwacher.admin.ch for initial and continuing education training of VET/PET profes­ Stefan Meierhans sionals and for development and research in this field. It also People used to worry about the cost of a cup of coffee. trains VET/PET specialists in its Masters programme in vocation­ Now it tends to be doctors’ or hospital bills, water rates, rubbish al and professional education and training. SFIVET maintains a disposal and postal charges, radio and television licence fees or close-knit network with national and international partners. the cost of public transport. The Office of the Price Supervisor protects consumers and companies from excessive pricing. It monitors­ price trends and blocks or eliminates improper price Commission for Technology and Innovation CTI increases that have not resulted from free competition. Director: www.kti.admin.ch Andreas Reuter-Hofer Innovation is key to Switzerland’s economic prosperity. Competition Commission COMCO The Commission for Technology and Innovation CTI plays a cen­ Director: www.weko.admin.ch tral role in the state’s innovation promotion activities. It is ac­ Rafael Corazza tive in areas where private sector initiatives can be strengthened Consumer goods in Switzerland are frequently more ex­ by state support. The CTI funds joint research projects between pensive than abroad, businesses often put pressure on their sup­ companies and higher education institutions, supporting know­ pliers and there are regular mergers between companies. COMCO ledge and technology transfer and the creation and development monitors such activities, prohibits illegal cartels and intervenes of science-based companies. It does this via its national thematic in cases where free competition is restricted. Its stated aim is to networks, locally active innovation mentors and platforms. The ensure unrestricted market access for businesses in Switzerland CTI is an independent executive commission and also comprises and open borders with foreign countries. start-up coaches, innovation mentors and a secretariat.

69 Federal Department of the Environment, Transport, Energy and Communications DETEC Green slopes and a safe road

The main road over the Simplon Pass climbs up to 2000 metres above sea level. Here in the Alps it is not easy to guarantee the safety of the roads. On the Simplon, for example, there is a high risk of avalanche: the steep slope on the southwest side of the Glatthorn is directly above the road, making it particularly dangerous in winter and spring. Years ago avalanche barriers were built on the Glatthorn in various stages to protect the Simplon village bypass. As a result of erosion, the ground underneath the foundations of the steel structures has slowly slid away. This is where Philippe Arnold, a geologist at FEDRO (Federal Roads Office), stepped in. FEDRO and other experts came up with a way of stabilising the slope. They took 170 000 native plants and planted them in the critical zone around the Glatthorn. Nets were then laid to keep them in place. The success of the project has proven the specialists right: today, the Glatthorn is covered in a blanket of green, which strengthens the critical slope and so helps to keep the road safe.

Geologist Philippe Arnold is a natural hazards specialist at the Federal Roads Office FEDRO and is one of 2400 federal employees at the Federal Department of the Environment, Transport, Energy and Communications (DETEC).

70 71 Federal Department of the Environment, Transport, Energy and Communications DETEC

General Secretariat GS-DETEC Federal Office of Civil Aviation FOCA Secretary General: www.uvek.admin.ch Director: www.aviation.admin.ch Walter Thurnherr Peter Müller The overlapping nature of many items of business re­ ‘Safety first’ is the FOCA’s overriding principle. The FOCA quires extensive coordination with DETEC offices and other de­ uses a system of certifications and inspections to guarantee the partments. The GS takes on this task as the staff office for the implementation of high safety standards in Swiss aviation when department. The GS-DETEC also prepares items of business for measured against a European cross-section. In order to further the Federal Council, supports political planning, acts as an inter­ improve air safety, the FOCA applies a system of non-punitive mediary between DETEC and parliament and ensures coherent reporting. This principle allows pilots, air traffic controllers, me­ external communication. It is also primarily responsible for the chanics and ground crews to report errors and accidents without resources required within the department. In addition, it also being prosecuted. This approach places greater emphasis on learn­- acts as owner of Swiss Post, SBB, Swisscom and Skyguide and ing from incidents that compromise safety than on penalising those super­vises the implementation of the strategic aims set out by the at fault. In addition, the FOCA seeks to strengthen safety culture in Federal Council. Swiss aviation through new instruments such as the in­troduction of The Independent Complaints Authority for Radio and Television, the safety management systems in companies. Communications Commission (ComCom), the Swiss Accident Inves­ tigation Board SAIB, the Regulation Authority in the postal market (PostReg), the Federal Electricity Commission (ElCom), the Swiss Fe­ Swiss Federal Office of Energy SFOE deral Nuclear Safety Inspectorate, the Federal Inspect­ orate for Hea­ Director: www.bfe.admin.ch vy Current Installations, the Federal Pipelines Inspectorate and the Walter Steinmann Railways Arbitration Commission are all affiliated to the GS-DETEC The Federal Council’s energy policy is oriented towards im­ for administrative purposes. proving energy efficiency, promoting renewable energy sources, particularly hydropower, rapidly expanding the electricity grid, and on increasing energy research and international cooperation. Federal Office of Transport FOT The SFOE has the task of putting these energy policy principles Director: www.bav.admin.ch into practice and draws up suitable frameworks and measures to Peter Füglistaler achieve this, such as regulations on the energy consumption of The Swiss are a nation of train travellers. No-one in Eu­ household appliances, consumer electronics, light bulbs and elec­ rope travels by train more frequently, and in terms of distance tric motors. The aim is to ensure that our country will still have travelled, the Swiss are world champions. Switzerland is also a sufficient, safe, affordable and environmentally friendly energy leader in Europe in terms of the share of freight transported by supplies in the future. rail. This is the result of Switzerland’s coherent transport policy, which focuses on the continuing development of the rail network. At present, the Gotthard base tunnel is currently under construc­ Federal Roads Office FEDRO tion. At a length of 57 kilometres it will be the longest rail tunnel Director: www.astra.admin.ch in the world and will enter into operation in 2016. Jürg Röthlisberger The gradual expansion and financing of rail infrastructure is coordi­ The traffic on Swiss roads should flow smoothly. FEDRO nated by the Federal Office of Transport FOT. It carries out the tasks is mandated by the Federal Council and parliament to solve the set by the Federal Council and parliament, monitors compliance in following problems: which sections of the national road network terms of cost and deadlines, and issues the necessary authorisations. need to be extended? Which stretches need to be resurfaced? The FOT is also responsible for safety supervision in public transport. Which tunnels need to be brought in line with the latest safety It issues the regulations required for safe construction and operati­ standards? on. In addition, it carries out random checks to ensure that public FEDRO implements the ‘Via sicura’ road safety programme adopt­ed transport companies are fulfilling their responsibility­ with regard by parliament. The aim of the programme is to continue to reduce to safety. The aim is to maintain the high level of safety or raise it the number of people killed or injured in road accidents. Therefore further still, if this can be achieved at reasonable cost. only well-trained drivers with safe, efficient vehicles should be dri­ ving on safe roads. As such FEDRO sets the requirements that drivers of 40-tonne trucks need to fulfil to ensure they transport their cargo safely, or it adapts technical requirements affecting e-bikes, in order to promote this form of mobility.

72 Head of Department: Doris Leuthard

Federal Palace North Wing, 3003 Bern Federal Department of the Environment, Transport, 058 464 61 70 Information officer: Dominique Bugnon Energy and Communications DETEC www.uvek.admin.ch

Federal Office of Communications OFCOM Federal Office for Spatial Development ARE Director: www.bakom.admin.ch Director: www.are.admin.ch Philipp Metzger Maria Lezzi Every day we read the paper, pick up the phone, write and The Federal Office for Spatial Development ARE is com­ send emails and text messages, surf online, listen to the radio and mitted to making sure Switzerland can continue to play on its watch TV. In order to be able to use all these services, there has to strengths – with efficient urban and economic centres, a dense be a stable and powerful communications infrastructure in place. network of lively and attractive towns, a varied and well-pre­ OFCOM helps to ensure that the population and businesses in all served countryside, as well as sustainable farmland. A number parts of the country have access to adequate and competitive tele­ of developments run in parallel: on the one hand, Switzerland communications services. should be able to respond to the increasing mobility demands of OFCOM makes it possible for radio and television users at local level the population with a policy of sustainable development covering to access regional stations and the SRG’s programmes at national le­ aspects from mobility management to the development of trans­ vel. It also distributes the revenues from television and radio licence port infrastructure. On the other hand, spatial planning also has fees fairly among all regions in Switzerland. In the postal sector, to take into account the growing need for housing while looking OFCOM makes sure that newspapers and magazines benefit from to preserve natural landscapes and productive land. The spatial reduced postage rates. It also manages and allocates frequencies for concept drawn up jointly by the Confederation, the cantons, radio stations, mobile and wireless devices to ensure interference- cities and communes under ARE’s lead sets out the guidelines free communication. for future spatial development. Based on the new legislation, the OFCOM’s oversight responsibilities include consumer protection. It Swiss spatial concept focuses on inward urban development in monitors compliance with statutory provisions for radio and tele­ order to counter urban sprawl in Switzerland. In order to optimally vision advertising, value-added services which are offered with 090x coordinate the most important transport infrastructure with the lo­ numbers and for use of frequencies. cation and development of settlements, ARE is overseeing the re­ gional ‘Transport and Settlement’ agglomeration programmes, co- financed by the federal government. It is involved in work on the Federal Office for the Environment FOEN Second Homes Act. Director: www.umwelt-schweiz.ch Bruno Oberle We all want to live healthy safe lives. We also want to be Swiss Federal Nuclear Safety Inspectorate ENSI able to enjoy the beautiful countryside, the flora and fauna. We Director: www.ensi.ch naturally also expect a sound economy allowing us to lead com­ Hans Wanner fortable lives. The Swiss Federal Nuclear Safety Inspectorate ENSI is But what does all that have to do with environment policy? A responsible for ensuring the safe operation of nuclear installa­ great deal. Habitats and ecosystems not only give us pleasur­ e tions in Switzerland. It is an independent public body and reports because of their diversity and beauty, but they also provide directly to the Federal Council. ENSI took over from the Fed­ further benefits, such as filtering water, pollinating crop plants eral Nuclear Safety Inspectorate HSK, which used to be part of and regulating the climate. Furthermore, they provide us with the Federal Office of Energy. The overriding aim of the federal food, commodities and other goods. One of the core tasks of the government’s supervisory activities in the field of nuclear energy FOEN is the long-term preservation of this diversity of life or is to protect the population and environment from harm resulting biodiversity. By helping to safeguard the sustainable use of water, from radioactivity. ENSI therefore supervises Switzerland’s five soils and the air, it contributes to a healthy economy, especially nuclear power stations, the interim storage sites for radioactive in an Alpine country like Switzerland where nature itself can also waste and the nuclear research units at the Paul Scherrer Insti­ be a threat. Flooding, rock slides or avalanches make that blatant­ tute, Federal Institute of Technology in Lausanne and the Univer­ ly clear. The FOEN helps to ensure that the cantons, communes sity of Basel. This involves ensuring that operators comply with and the public are prepared for these things – be it in the shape regulations, facilities are in a safe condition and operated according of maps indicating the areas where natural hazards are most likely to regulations and there is sufficient protection against radioactivi­ to be expected, of forests to protect roads and housing, or of re­ ty. ENSI is also responsible for the safe transport of radioactive ma­ stored watercourses to protect against flooding. terial to and from Swiss nuclear facilities and for research into the storage of radioactive waste in deep geological repositories.

73 THE JUDICIARY The Courts

74 Each day, new cases land on the desks of federal judges in Lausanne or Federal Supreme Court. In most cases, decisions are taken by way of a Lucerne. Here, it is Gilbert Kolly, President of the Federal Supreme Court, who circular: the lead judge drafts a decision, which is then circulated to the other receives the case file from a court usher. In addition to his managerial and judges examining the case. If they all agree, then the decision stands. If they representation duties as head of Switzerland's highest court, Gilbert Kolly also do not agree, a public hearing is held to decide the matter. These hearings serves as a federal judge for cases submitted to the First Civil Law Division. can be attended by the parties concerned as well as by members of the The case that has just come in is a damages claim against a firm of public. Following the discussion, the judges will then reach a decision by a architects. After unsuccessfully pleading his case before the lower and higher show of hands. cantonal courts, the building contractor has now taken his claim to the

75 THE FEDERAL SUPREME COURT AND THE FEDERAL COURTS OF FIRST INSTANCE The Judiciary

The Federal Supreme Court is the highest judicial authority in Switzerland. It has the final say in nearly all civil, criminal, administrative and social insurance matters. Through its decisions, the Federal Supreme Court ensures the uniform application of federal law in Switzerland’s 26 cantons and contributes to the development of law. The Federal Supreme Court serves as the court of appeal for the highest cantonal courts and the three federal courts of first instance: the Federal Criminal Court, the Federal Administrative Court and the Federal Patent Court.

Interview with Gilbert Kolly, President of the Federal Supreme Court

Mr Kolly, what are your main duties? How important are Federal Supreme Court rulings? As the president, I head the whole court and am also the public face Federal Supreme Court rulings determine how acts and ordi­ of the court. I represent its interests and those of the fed­eral court nances are interpreted, or how new situations that are not yet system before the Federal Assembly in Bern and in the parliamen­ covered by the law are to be assessed. The other courts tend to tary committees. I also represent the court in various national and follow these rulings. Federal Supreme Court rulings may also trig­ international court organisations. Besides my duties as president, ger political debates and lead to parliament enacting new legis­ which take up about half of my working time, I also sit as a judge in lation. In 2011, for example, the Criminal Law Division handled the First Civil Law Division. a case where a woman had boarded a bus without a valid ticket. The Criminal Law Division noted that the Passenger Transport Act How does one become a federal judge? in force at the time did not authorise criminal proceedings to be In principle, this office is open to all Swiss citizens who have the taken against persons travelling without a ticket. However, the right to vote. While there is no compulsory training for judges, all transport companies needed to be able to take such action in federal judges are in fact experienced lawyers who have under­ cases where a person failed to pay the fine or repeatedly travelled gone extensive legal training and have had long professional ca­ without a ticket. This Federal Supreme Court ruling led to the reers. In general, they have all been cantonal judges, judges in the revision of the law in question so that unreasonable fare dodgers lower federal courts, legal professors, solicitors or high-ranking can also be subject to criminal prosecution. officials. The United Federal Assembly selects federal judges in a way that ensures equitable representation of language groups, re­ What happens when a case comes before Switzerland’s highest gions and political parties. Each judge is appointed for a six-year judicial authority? term. In most cases, federal judges may be re-elected an unlimi­ The first step is for an appeal to be lodged, but not necessarily by ted number of times. At the end of the year in which they turn 68, a lawyer. Then the opposing party is invited to respond. In most they must step down. cases, rulings are passed by way of circular; one judge proposes a draft ruling, which is circulated to his or her colleagues within The Federal Supreme Court is the highest court in Switzerland. the same division. If they all agree, then the case is settled in ac­ What does this mean exactly? cordance with the draft ruling. If one of the judges involved dis­- The Federal Supreme Court has the final say on appeals against agrees, then all of the judges will meet in a public hearing to discuss judgments rendered in the highest cantonal courts and in the the matter. The dates of these public hearings are posted on the fed er­ al courts of first instance. This enables remedy in the event website of the Federal Supreme Court (www.bger.ch). The parties of incorrect application of the law or violations of constitutional in the dispute and members of the public can attend these pu­ rights. In other words, the Federal Supreme Court issues the final blic hearings. The draft ruling and any counter proposals are first ruling for nearly all important legal matters. Its decisions ensure read out so that discussion can take place. The judges then give that federal law is applied uniformly and is developed further. Fed­ their opinion, each speaking in their own language. Following dis­ eral Supreme Court rulings provide a basis upon which the other cussion (in some cases lasting several hours), the judges will then courts can make their decisions. reach a decision based on a show of hands. In other words, hear­ ings within the Federal Supreme Court do not involve scenes with plaintiffs and defendants giving testimony and lawyers plead­- ing their case.

76 Presidency of the Federal Supreme Court

The Federal Assembly appoints the President and Vice President of the Federal Supreme Court from among its judges. The appointment is for two years, and can be renewed once. The President is head of President of the Vice President of the Federal Supreme Federal Supreme the whole court and is also the public face of the court. His deputy Court: Court: is the Vice President or, if the latter is unable to fulfil this duty, the Gilbert Ulrich longest-serving judge. If two judges have served for the same peri­ Kolly Meyer od of time, the older judge fulfils this duty. CVP SP

38 full-time judges

The 38 full-time judges and 19 part-time judges carry out their du­ ges serve a term of office of six years. They are supported by around ties in one of the seven divisions of the Federal Supreme Court in 130 court clerks, who participate in an advisory capacity in the pro­ Lausanne or Lucerne. The United Federal Assembly appoints judges cessing of cases and rulings. according to linguistic, regional and political criteria; full-time jud­

I. First Public Law Division

Jean Thomas Peter Ivo François Lorenz Fonjallaz Merkli Karlen Eusebio Chaix Kneubühler SP President GPS SVP CVP FDP SP

II. Second Public Law Division

Andreas Hans Georg Florence Yves Thomas Stephan Zünd Seiler Aubry Girardin Donzallaz Stadelmann Haag SP President SVP GPS SVP CVP GLP

I. First Civil Law Division

Christina Kathrin Gilbert Fabienne Martha Kiss Klett Kolly Hohl Niquille FDP President SP CVP FDP CVP

II. Second Civil Law Division

Nicolas Elisabeth Luca Christian Felix Grégory von Werdt Escher Marazzi Herrmann Schöbi Bovey SVP President CVP FDP SVP BDP FDP

Criminal Law Division

Christian Laura Niklaus Yves Monique Denys Jacquemoud-Rossari Oberholzer Rüedi Jametti GPS President CVP SP SVP SVP

I. First Social Law Division

Susanne Rudolf Jean-Maurice Marcel Alexia Leuzinger Ursprung Frésard Maillard Heine SP President SVP SP CVP SVP

II. Second Social Law Division

Lucrezia Ulrich Brigitte Francesco Margit Glanzmann Meyer Pfiffner Parrino Moser-Szeless FDP President SP GPS SP SVP

The Secretary General

The General Secretariat serves as the administrative headquarters for the Federal Supreme Court and its governing bodies. The Secre­ tary General participates in the meetings of the governing bodies in an advisory capacity. He also heads the court’s scientific and admi­ Paul nistrative services. Tschümperlin

77 THE FEDERAL SUPREME COURT AND THE FEDERAL COURTS OF FIRST INSTANCE

Federal Supreme Court Federal Criminal Court

The Federal Supreme Court is the highest judicial authority in Swit­ The Federal Criminal Court is based in Bellinzona. The court delivers zerland. The judges in Lausanne and Lucerne may examine appeals verdicts in criminal cases, adjudicates complaints in federal prose­ against decisions rendered by the cantonal courts of final instance cutions and in procedures concerning international assistance in as well as appeals against most of the decisions rendered by federal criminal matters and decides conflicts of jurisdictions. Most deci­ courts of first instance. The Federal Supreme Court seeks to ensure sions of the Federal Criminal Court may be appealed to the Federal uniform application of Swiss federal law and helps to shape law in Supreme Court. response to changing circumstances. In order to carry out its tasks, the Federal Criminal Court is com­ The Federal Supreme Court is comprised of seven divisions. The First posed of a Criminal Chamber and an Appeals Chamber. The Crim­ and Second Public Law Divisions are responsible for cases pertai­ inal Chamber renders decisions on indictments in cases that fall ning to the proper conduct of elections and popular votes, taxation under federal jurisdiction, either by subject matter or by their decisions, building permits or naturalisation. Such cases often touch special nature. Such cases include crimes against the interests upon fundamental issues and the aim is to determine whether the of the Swiss Confederation, for example certain offences against authorities have rendered the same decision in two comparable ca­ federal officials and against federal institutions, or cases of cor­ ses. ruption in the Federal Administration. In addition, the Criminal Chamber judges crimes involving the use of explosives and The First and Second Civil Law Divisions are mainly responsible for cases of white-collar crime, organised crime, corruption and mon­ cases pertaining to the Swiss Civil Code (CC) or the Swiss Code of ey laundering that cross national or international jurisdictions. Obligations (CO). Among other things, they examine family law and Moreover, the Criminal Chamber is competent for cases arising in inheritance law as well as contract or shareholder disputes. Unless connection with civil aviation or the use of nuclear energy. the matter pertains to fundamental questions of law, the value of the claim in tenancy and employment law cases must amount to at The Appeals Chamber provides judicial review in appeals against least CHF 15 000. For all other cases, the minimum threshold is CHF the rulings and procedural measures of the Office of the Attorney 30 000. General of Switzerland, the Federal Criminal Police, the Compul­ sory Measures Courts and generally in administrative criminal law. The Criminal Law Division handles complaints filed by convicted Paramount among its other competences are remedies concerning persons and public prosecutors. Such cases might include, for in­ international assistance in criminal matters, including extraditions stance, disregard for procedural rules, a questionable legal assess­ to other states, or concerning the execution of foreign sentences in ment of a given fact or the level of penalty. Switzerland or of Swiss sentences abroad. Finally, the Appeals Cham­ ber rules on conflicts of jurisdiction either between prosecuting au­ The First and Second Social Law Divisions in Lucerne handle all thorities of the Swiss cantons or with the Swiss Confederation. complaints surrounding health and accident insurance or disputes concerning old-age and survivors' insurance, invalidity insurance, The 18 judges of the Federal Criminal Court are elected by the unemployment insurance or other forms of social insurance. United Federal Assembly for a six-year term of office. Altogether, the Federal Criminal Court has a staff of around 68 officials and The Federal Supreme Court rules as the court of final instance. Un­ clerks. The court acts independently. For administrative pur­poses, der certain circumstances, natural persons may take their claim to it is supervised by the Federal Supreme Court and the Federal the European Court of Human Rights. If the Court rules that Switzer­ Assembly. land is in violation of the European Convention on Human Rights, then an attempt may be made to overturn the Federal­ Supreme Federal Criminal Court P.O. Box 2720, 6501 Bellinzona Court's initial ruling. 091 822 62 62 www.bstger.ch www.eidgenoessischegerichte.ch Federal Supreme Court 1000 Lausanne 14 021 318 91 11 www.bger.ch www.eidgenoessischegerichte.ch

78 Federal Administrative Court Federal Patent Court

The Federal Administrative Court is based in St. Gallen. It handles­ The Federal Patent Court in St. Gallen has existed since January complaints against decisions made by agencies of the Federal 2012. It is the court of first instance for civil disputes concerning Administration. In certain areas, the Federal Administrative Court patents. Previously it was the cantonal courts that were respon­ may examine complaints against decisions made by cantonal sible. Decisions of the Federal Patent Court may be appealed before authorities. It sometimes rules as the court of first instance in legal the Federal Supreme Court. proceedings. For most of the matters falling under its jurisdiction, the decisions may be appealed before the Federal Supreme Court. Patents play an important role in the economy. They protect the rights of inventors, who often incur very high costs to produ­ The Federal Administrative Court handles a very broad spectrum of ce their inventions. In disputes, the Federal Patent Court decides complex themes, some of which may be controversial from both a whether a patent can be filed for a new technical innovation or a social and political standpoint. In recent years the Court acted as the specific process. It is also responsible for deciding whether exist­ court of first instance in cases on limiting the duration of the ope­ ing patent rights have been infringed by third parties. The Fed­ rating licence for the Mühleberg nuclear power plant and anonymi­ eral Patent Court may handle other patent-related claims, such as sing facial images and vehicle licence plates in Google Street View. cases where there is dispute over who holds a given patent, or how a patent may be used within the framework of a licence. The Federal Administrative Court is comprised of five divisions. Division I is mainly responsible for complaints pertaining to infra­ The judges of the Federal Patent Court are elected by the Federal structure, the environment, transport and communications, energy, Assembly for a six-year term. Only two judges work on a full-time taxation and federal employment. Division II is responsible for mat­ basis. The remaining 36 judges work part-time. Around one third of ters pertaining to education, competition and the economy. Divisi­ these judges have specific legal training. The rest have technical trai­ on III mainly handles cases relating to legislation on foreign natio­ ning and solid expertise in the field of patent law. They are called in nals, citizenship, social insurance and health insurance. Divisions IV depending on the technical expertise required for the case at hand. and V focus exclusively on asylum legislation, one of the rare areas This enables cases submitted before the Federal Patent Court to be where the Federal Administrative Court rules in the last instance. processed swiftly and cost-effectively, foregoing the need for exter­ nal expert opinions, which tend to be costly and time-consuming. A The Federal Administrative Court acts independently when render­ing high percentage of cases are also settled by compromise between its decisions, but comes under the administrative supervision of the the parties in the dispute. Federal Supreme Court and the oversight of the Federal Assembly. With around 75 judges and 320 court staff, the Federal Administrati­ A particular feature of the Federal Patent Court is that English may ve Court is Switzerland’s largest federal court. be used for submissions and at hearings instead of an official lan­ guage of Switzerland (German, French, Italian or Romansh) if both The judges of the Federal Administrative Court are elected by the parties in the dispute give their consent. United Federal Assembly for a six-year term. In a Charter of Ethics adopted in 2011, the judges of the Federal Administrative Court un­ Federal Patent Court P.O. Box, 9023 St. Gallen dertook to abide by a series of principles: carrying out their func­ 058 705 21 10 tions independently, impartially and diligently; acting in a cordial www.patentgericht.ch/en manner; treating others with respect and recognising the value of www.eidgenoessischegerichte.ch the work done by all court staff.

Federal Administrative Court P.O. Box, 9023 St. Gallen 058 705 26 26 www.bvger.ch www.eidgenoessischegerichte.ch

79 Publisher Federal Chancellery, Communication Support Federal Palace West Wing, 3003 Bern [email protected]

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Photos Karl-Heinz Hug, Ueberstorf Martin Mägli, Herbligen (cover) Rolf Weiss, Ittigen (Corina Casanova p. 1) Keystone (swearing-in ceremony p. 24) Béatrice Devènes, Bern (National Council chamber p. 27 and Parliament Building entrance hall p. 31) Parliamentary Services, Bern (historical photos p. 36) Christian Grund / Maurice Haas, Zurich (Federal Council photo p. 38 – 39) Dominic Büttner / Béatrice Devènes, Zurich / Bern (Federal Council portraits p. 40)

Editorial deadline 31 December 2014

Print run Total 292 000 • German 200 000 • French 55 500 • Italian 16 000 • Romansh 2 500 • English 18 000

Distribution This publication can be obtained free of charge from the Federal Office for Buildings and Logistics FOBL Publication Distribution, 3003 Bern www.bundespublikationen.admin.ch Art. No. 104.617.e

37th edition, February 2015 www.admin.ch THE SWISS CONFEDERATION www.ch.ch A BRIEF GUIDE www.parliament.ch